88 Iowa 442 | Iowa | 1893
The action was commenced in June, 1885. The plaintiff claimed the land under the act of congress approved September 28, 1850, relating to swamp lands. The defendant railroad company claimed title to the same land under the act of congress approved May 15, 1856, granting certain lands to the state of Iowa to aid in the construction of a railroad from Dubuque to a point on the Missouri river near Sioux City and other roads. The cause was tried on the issue thus made, and there was a decree for the plaintiff. An appeal was taken to this court, and the decree was affirmed. See 78 Iowa, 88.
F. T. Walker, one of the defendants, made an independent claim of title under a tax deed for the land, which deed was executed on the twenty-fourth day of September, 1883, in pursuance of a sale of the land for taxes made on the fifteenth day of January, 1880, for the delinquent taxes of the year 1878. A hearing was had on this issue in November, 1891, which resulted in a decree to the effect that the tax title was invalid. It is from this decree that the present appeal is taken. Walker, who was claimant under the tax title, had conveyed the land to W. Gr. Watters, and the trial was had between the plaintiff and Watters.
The decree of the district court is aeeikmed.