33 Iowa 192 | Iowa | 1871
The deed of date December 21,1866, is in all respects.in the form prescribed by law, but it recites that the sale was made at a sale begun on the first Monday of December, 1863, instead of the first Monday of October. Herein exists all the objection which is made to said deed. It is not claimed that the sale could not properly be made
If, therefore, the non-existence of the conditions prescribed in section 776, can, in any event, be shown to defeat the tax title, the burden of proof is upon the party who assails the deed. As the tax deed of December 21, 1866, is valid, it is unnecessary to inquire into the sufficiency of the subsequent one of May 1, 1871.
There is no error in the judgment of the district court.
Affirmed.