73 Iowa 137 | Iowa | 1887
II. There are no disputed questions of law in the case. The material questions of fact are these: (1) Was the person upon whom the notice of the expiration of redemption was served in possession of the land at the time of tbe service thereof? A service of notice upon such person is necessary to cut. off the right of redemption. (Code, § 894.) (2) Was there a fraudulent concealment and fraudulent acts to prevent plaintiff’s obtaining' notice of the expiration of the time of redemption?
Inquiry directed by the facts just stated would not have failed to disclose that plaintiff was in possession of the land at the time the notice of the expiration of the time of redemption was served. We conclude that the notice should have been served upon him, and therefore he is entitled to redeem from the tax sales.