43 Iowa 455 | Iowa | 1876
The plaintiff’s title, upon which he seeks to recover the land, is based upon a tax sale and deed. The defendants, in their equitable answer, allege that there was no sale of the lands for taxes; that there were no bidders therefor, and that there was no notice whatever of the sale, and no adjournment of a prior sale to the time when the lands are said to have been sold. Under the issue formed upon these averments, a witness, who was deputy treasurer at the time of the alleged sale, testified: “These lands were not bid off in separate parcels, they were not publicly offered for sale, were not called out by the treasurer at the time; * * * * they were not offered for sale by the treasurer on that day prior to making selections, nor at any other time.” * * * “As I said, the tax sale stood open. I meant it was left open from day to day; it was not adjourned to any particular time.” There is nothing found in the -record contradicting this testimony. It establishes the fact that there was no public sale of the lands,
Affirmed.
