20 Iowa 393 | Iowa | 1866
No such case is made. The act of the plaintiff in accepting the money deposited for him, did not mislead Phillips to his injury. Phillips acted first, and acted voluntarily. The plaintiff did nothing to induce Phillips to make the redemption. Phillips did not change his condition in consequence of the act of the plaintiff in receiving
But it would hardly do to give it any greater operation, and to hold that its effect was to admit that Phillips had a fee simple title (for such a title is not essential in order to enable a party to redeem from a tax sale), and that such title was superior to that of the plaintiff derived under the independent transaction of the sheriff’s sale.
Reversed.