42 Iowa 48 | Iowa | 1875
This appeal was perfected May 13, 1874, and on the 9th day of September, 1874, appellants filed a transcript with the clerk, but have failed to file any abstract or argument, or serve the same on counsel for appellee. At the October term, 1875, at Dubuque, appellee appeared and filed an abstract and argument, and the cause was then submitted thereon. .
From the time of the purchase in 1858, by Lemp and Sells, down to 1868, they regularly paid the taxes on the land. After the purchase by plaintiff he paid all taxes, except for the year 1871. In February, 1872, plaintiff applied at the county treasurer’s office to pay said taxes, and was then informed that they had been paid by the defendants. This is the first knowledge plaintiff had that the defendants made any claim to the land.
None of these defendants can be regarded as bona fide purchasers for value. Dunton, through his agent Bowman, who made the purchase from Tufts’ heirs, had full knowledge of the plaintiff’s title; he took a quit claim deed to the land, and is not protected thereby as a bona fide purchaser. Watson v.
Whether the mistake in the indexing of the deed of Tufts to Lemp and Sells was such a defect as that it failed to afford constructive notice of that conveyance, we do not determine.
The decree of the District Court will stand
Affirmed.