Manson Loan & Trust Company v. Heston
| Decision Date | 12 October 1891 |
| Citation | 49 N.W. 985,83 Iowa 377 |
| Parties | MANSON LOAN & TRUST COMPANY, Appellee, v. H. W. HESTON et al., Appellants |
| Court | Iowa Supreme Court |
Appeal from Calhoun District Court.--HON. J. P. CONNOR, Judge.
CERTIORARI to declare invalid the action of the supervisors of the county, as a board of equalization, in raising the assessments of moneys and credits made against the plaintiffs. The district court adjudged that the action of the defendants complained of is illegal, and without authority of law, and, therefore, null and void. The defendants appeal.
Affirmed.
E. C Stevenson and J. C. Kerr, for appellants.
O. J Jolley, for appellee.
I.
The undisputed facts of the case are these: The board of supervisors, pursuant to the requirements of Code, section 821, made a classification of the assessable property of the county, specifically designating certain classes of property and the values to be assessed thereon, and entered an order that "all other property, not herein enumerated, the assessors shall assess according to value, in proportion to the foregoing valuation, which is based upon fifty per cent of actual cash value." In obedience to this order, the assessors assessed the plaintiffs, respectively, upon money and credits, in a sum specified as to each. Subsequently the supervisors, acting as a board of equalization, for the alleged purpose of equalizing the taxes, ordered, among other changes in the assessments, that fifty per centum be added to all assessments upon moneys and credits in all of the townships. There were various changes made in the assessments of other classes of property, in some instances increasing and in others diminishing the assessed value; but it does not appear that there was any purpose or effort to increase the assessment of any other classes of property beyond fifty per centum of the actual cash value thereof, which the board of supervisors fixed as the rate of assessment, and which we must presume was obeyed by the assessors, and all assessments for money and credits in each township were upon fifty percentum of the value thereof.
II. The action of the board of equalization in increasing the assessments upon money and credits did not, and could not equalize the assessments upon that class of property; for it was equally assessed in each township. Neither could that action have effected an equalization of the taxes as...
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