33 Iowa 254 (Iowa. 1871), Porter v. Lafferty

Citation:33 Iowa 254
Opinion Judge:DAY, J.
Party Name:PORTER v. LAFFERTY et ux
Attorney:Hutchison & Hackworth for the appellant. Fawcett & McNett for the appellees.
Court:Supreme Court of Iowa
 
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Page 254

33 Iowa 254 (Iowa. 1871)

PORTER

v.

LAFFERTY et ux

Supreme Court of Iowa, Des Moines

December, 1871

Page 255

Appeal from Wapello District Court.

FRIDAY, FEBRUARY 23.

PLAINTIFF filed a petition stating that she is the absolute owner in fee of lot 2, block 95, Eddyville, Iowa, and entitled to immediate possession. That defendants unlawfully keep her out of possession, they claiming title through a tax deed which plaintiff claims they fraudulently procured. Defendants purchased said property of A. J. and M. J. Odem, in 1867, and took a title bond for the same, subject to a mortgage then existing thereon for $ 450, made by said Odem to Henry Collins, and defendants agreed to pay off said mortgage. Disregarding their agreement to pay they allowed the mortgage to be foreclosed and the property sold to Henry Collins for $ 594.06 to satisfy the same. November 27, 1869, H. Collins assigned his certificate of purchase of sale to plaintiff; December 5, 1870, the sheriff deeded said property to plaintiff. Defendants, knowing of said mortgage, and their agreement to pay off the same, fraudulently allowed the taxes to remain unpaid until the county treasurer made a deed to J. T. Hackworth for said property. Defendants were in possession of said property under their purchase from said Odem. Defendants fraudulently procured a quit-claim deed from said Hackworth to said property by false and fraudulent representations as to their being the absolute owners in fee of the same, and by that seek to avoid their former agreement to pay off said mortgage. Plaintiff asks that said tax title may be declared void, and that plaintiff be declared the owner in fee of said premises and entitled to immediate possession thereof.

A sheriff's deed of December 5, 1870, conveying said property to Esther A. Porter, and a county treasurer's deed of October 8, 1870, conveying said property for taxes of 1866, to J. T. Hackworth, were attached as exhibits to the petition. A demurrer to this petition was sustained, and plaintiff's amended re-affirming all the statements in the original petition, and alleging that defendants agreed to pay off the mortgage referred to in the original petition as part of the purchase-money due to A. J. & M. J. Odem for said property, and the same was specifically referred to in a conveyance made to defendants by said Odems. Defendants then took possession, and have ever since been in possession of said property, and that defendants fraudulently, and with intent to defraud plaintiff, allowed the taxes to remain unpaid on said lot, and fraudulently and for the purpose of defrauding plaintiff purchased said tax title, and defendants were made parties to the foreclosure of said mortgage, and had notice thereof, and for the purpose of defrauding plaintiff refused to redeem said lot from sheriff sale, and purchased said tax title fraudulently for the purpose of avoiding the...

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