97 Iowa 259 | Iowa | 1896
The material facts shown by the pleadings and evidence, are substantially as follows: In the year 1867, a Mrs. McMillian occupied the northeast quarter of section 7, in township 83 N, of range 26 W, in Boone county, under a claim of right, the nature of which is not fully shown; but it appears to have been made under the pre-emption laws of the United States. Michael Shelley purchased Mrs. McMillian’s claim, and moved on the land in April, 1868, and resided thereon with his family, until his death, which occurred in the year 1878. The plaintiffs are his widow and children, and are entitled to all the property of his estate. They have made their home on the land, continuously, since his death. At a sale of the land for delinquent taxes, held in October, 1883, the northeast quarter of the northeast quarter of the section specified, known as lot 1, and containing nearly forty acres, was sold for the delinquent taxes of the year 1882, to S. T. Stanfield. He assigned the certificate of sale to John T. Smith, to whom a tax deed was issued July 21,’ 1887. In March; 1890, Smith executed a deed for the lot to W. H. Wright and Miles Beckett; in May, 1890, Beckett executed to W. H. Wright a quitclaim deed for the lot; and in March, 1893, the latter executed a warranty deed for it to his minor son, F. IT. Wright. Beckett was treasurer of the county, and W. H. Wright was in his office as an employe and a delinquent tax collector of the county, when the tax deed