47 Iowa 522 | Iowa | 1877
Under these circumstances. he could not be charged with constructive notice of plaintiff’s claim for taxes. There was no record, an examination of which would impart such notice to him.
II. We do not think the evidence shows that the former decree was obtained by fraud. It was distinctly charged in the cross-petition that no levy of any taxes was made for the year for which the land was sold. To this cross-petition the defendant made no answer. The court found the fact to be as alleged, and entered a decree accordingly. The evidence in this case falls far short of showing that this was procured to be done by; the fraudulent acts of defendants or their attorney.
We do not determine whether plaintiff has the right to attack the decree in this suit. It is not necessary that we should do so.
was a payment that the owuer of the land was not required to make. But the plaintiff and his grantor supposed the tax sale was valid, and in good faith paid the subsequent taxes. These payments were for the benefit of the defendants, E. B. Savage and J. B. Savage, who were then the owners of the land. In Claussen & Kuehl v. Rayburn, 14 Iowa, 136, and in Orr v. Travacier, 21 Id., 68, it was held that taxes paid in good faith by the holder of a void tax title could be recovered of the owner of the land, because the statute then in force
Affirmed.