41 Iowa 378 | Iowa | 1875
I. The lands in controversy were entered jointly by Horace Everett and Roswell G-. Peirce, Tune 15, 1855. A judgment was rendered against Peirce, August 8, 1871, and thereunder, upon execution, the undivided half of said land was sold to the plaintiff, Tno. Peirce, May 11, 1872. These are the facts constituting plaintiff’s title.
. The undivided half of the lands (that being the interest in controversy) was sold October 3, I860,- for the delinquent taxes of 1857-8-9, to Isaac G. Lash, and on December 21, 1865, no redemption having been made, the treasurer executed a tax deed therefor to said Lash. On October 26, 1868, Lash conveyed to Geo. Weare, who thereafter conveyed the-same to this defendant.
These facts constitute the basis of the defendant’s title.
The sale of an undivided half of the land upon which the taxes remained unpaid, the taxes having been paid upon the other undivided half by the owner thereof, was competent and proper. The case of Cragin v. Henry et al., 40 Iowa, 158, only decided that it is not proper to sell an undivided interest in a tract of land for the taxes due on the whole thereof.
Reversed.