Bowen v. Striker
| Decision Date | 20 January 1885 |
| Docket Number | 11,629 |
| Citation | 100 Ind. 45 |
| Parties | Bowen v. Striker et al |
| Court | Indiana Supreme Court |
Petition for a Rehearing Overruled March 20, 1885.
From the Carroll Circuit Court.
The judgment is affirmed, with costs.
J Applegate and C. R. Pollard, for appellant.
L. B Sims, G. R. Eldridge and J. L. Sims, for appellees.
Complaint by Abner H. Bowen against Peter Striker, Eliza Doggett, Dora Sampson, Anna Sampson and James Sampson to quiet title to two tracts of land in Carroll county. The plaintiff claimed to have become the purchaser of one of these tracts, and a part of the other, at a sale for delinquent taxes in February, 1867, and of what remained of the last named tract at a similar sale in February 1871, the taxes in each instance being assessed against Striker as the owner of the lands, and to have received tax deeds in pursuance of his several purchases in the year 1879, by reason of all which he was the owner of both of the tracts of land described in his complaint. The defendants, other than Striker, were summoned to answer as to some supposed after-acquired interests in the lands in controversy.
Upon a former appeal to this court, the judgment was reversed upon a question involving the construction of the statute of limitations. Bowen v. Striker, 87 Ind. 317. After the cause was remanded, the circuit court overruled demurrers to certain amended special paragraphs of answer, and after issue joined, both by answers in general denial, as well as upon the special paragraphs to which demurrers were overruled, the cause was submitted to the court for trial, when a finding was made that the plaintiff's title to the lands in dispute was invalid, but that there was due to him for purchase-money paid at the respective tax sales, and for interest which had accrued thereon, the aggregate sum of $ 523.20, for which a judgment was rendered in his favor, declaring the sum of $ 313.10 of such aggregate amount to be a lien upon one of the tracts of land, and the remaining sum of $ 210.10 to be a lien upon the other tract.
The plaintiff, again appealing, assigns error upon the overruling of his demurrers to two of the amended special paragraphs of answer, upon the refusal of the court to grant him a new trial, and upon the form of the judgment which was rendered in his favor.
The special paragraphs of answer, to which it is insisted demurrers ought to have been sustained, tendered issues concerning the validity of the plaintiff's claim of title to the lands in suit. When this cause was before us upon the former appeal, we held that the complaint failed to show a full compliance with all the provisions of the statute regulating the sale of lands for delinquent taxes, and that, for that reason, the plaintiff's title, based upon his purchases at the tax sales, was invalid. The conclusion then reached in respect to the invalidity of the complaint became the law of this case, and as the complaint has not been since amended, it must still be regarded as having constituted an insufficient claim of title to the lands. Conceding, therefore, the special paragraphs of answer to have been bad upon demurrer, the plaintiff had no cause to complain of the rulings of the circuit court upon them, since a...
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Armstrong v. Hufty
...treasurer, as was, and still is, required by statute. 1 R. S. 1876, p. 123, § 224, § 8624 Burns 1894, § 6473 Horner 1897; Bowen v. Striker, 100 Ind. 45, 48. The statute provides that if any tax deed shall prove and ineffectual to convey title because the description is insufficient, or for ......
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Armstrong v. Hufty
...by statute. Section 224, p. 123, 1 Rev. St. 1876, section 8624, Burns' Rev. St. 1894 (section 6473, Horner's Rev. St. 1897). Bowen v. Striker, 100 Ind. 45, 48. The statute provides that, if any tax deed shall prove invalid and ineffectual to convey title because the description is insuffici......
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Goldsmith v. First National Bank of Redlands
... ... that such answer was addressed to a paragraph of complaint ... sufficient to withstand a demurrer. Bowen v ... Striker (1885), 100 Ind. 45; State, ex ... rel., v. Emmons (1882), 88 Ind. 279; ... Vert v. Voss (1881), 74 Ind. 565; ... Board, etc., v ... ...
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Haggart v. Stehlin
... ... Voss, 74 Ind. 565; Reeves v ... Howes, 104 Ind. 435, 6 N.E. 904; Low v ... Studebaker, 110 Ind. 57, 10 N.E. 301; Bowen ... v. Striker, 100 Ind. 45; AEtna Ins. Co. v ... Black, 80 Ind. 513; AEtna Ins. Co. v ... Kittles, 81 Ind. 96; Dorrell v ... ...