Singer Mfg. Co. v. Yarger
| Decision Date | 01 October 1880 |
| Citation | 12 F. 487 |
| Parties | SINGER MANUF'G CO. v. YARGER. |
| Court | United States Circuit Court, District of Iowa |
Phillips Goode & Phillips, for complainant.
The complainant is the owner of a mortgage executed by the defendant, Yarger, upon certain lots in the city of Knoxville, in this state, given to secure a promissory note for $2,000 and interest. The respondents McCormick and Baker are the grantees in a certain tax deed of the same premises which, if valid, is prior and paramount to the complainant's mortgage. The bill alleges that the tax deed is void, and prays a decree to cancel the same and for a foreclosure of the mortgage. The question to be decided is whether the tax deed is a valid conveyance of the property as against the complainant's mortgage. The tax deed is attacked upon the ground that the tax sale was fraudulent and void by reason of the fact that the bidders at the sale entered into an unlawful combination, whereby each was to take his turn in bidding, it being understood that there was to be no competition, and that they were not bid against each other.
The evidence establishes the fact that there was, if not an express, at least a tacit agreement among the bidders present at the sale that they were to take turns in bidding, and that they were not to bid against each other. That such a combination among bidders is fraudulent, and vitiates the sale, is, as a general proposition, entirely clear. Whether this doctrine is applicable to the present case is the only matter of controversy. The respondents McCormick and Baker who claim under the tax title, were not the purchasers at the tax sale, but are the assignees of the tax certificate. It is settled as the law of this state that the assignee of such a certificate holds it subject to all the infirmities by which it would have been affected in the hands of the tax purchaser. Light v. West, 42 Iowa, 138.
It is insisted by counsel for respondents that the tax deed can be attacked on the ground of fraud in the sale only by the owner of the land, and not by a mortgagee. In support of this proposition section 897 of the Code of Iowa (1873) is cited. That section, among other things, provides 'that in all cases where the owner of lands sold for taxes shall resist the validity of such tax title, such owner may prove fraud committed by the officer selling the same, or in the purchaser to defeat the same, and if fraud is so established such...
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