56 Iowa 450 | Iowa | 1881
The defendant claims to own the property by virtue of a tax deed, the validity of which is not questioned. Rut the plaintiff claims to own an undivided eighteenth by virtue of a subsequent tax deed, and this deed appears also to be valid provided the notice of the expiration of the time of redemption required by section 894 of the Code was properly given. The defendant insists that it was not.
The statute provides that the notice must be served upon the person in possession of the land, and upon the person in whose name it is taxed if such person resides in the county where the land is situated. The service may be made upon non-residents of the county by publication.
There is no evidence in this case that Goldman, Crafts or any one else was in possession. There is no evidence that the land was taxed in the name of any person. The defendant claims that the notice so drawn as to describe himself in possession should be regarded as evidence against plaintiff that he, the defendant, was in possession and as the evidence shows that he was not a non-resident of the county and personal service was not made upon him he claims that the service was insufficient, and the deed void. But the fact that the notice was so drawn as to describe the defendant in posT session cannot be regarded as evidence that he was in possession. It would indicate that the person who drew the notice so supposed at the time, but we think nothing more.
The notice and proof of service might be sufficient for aught that appears upon their face nor are they impeached by the extrinsic evidence. The affidavit of service required by the statute was made, and this is made by statute to constitute “presumptive evidence of the completed service of notice required.” It must then, we think, be presumptive
Reversed.