Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa Volume 52
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1880 edition. Excerpt: ...and a. deed for said land be made unless redemption from such sale be made within ninety days from the completed service thereof. Service shall be deemed completed when an afiidavit of the service of said notice, and of the particular mode thereof. duly signed and verified by the holder of the certificate of purchase, his agent or attorney, shall have been filed with the treasurer authorized to execute the tax deed." The defendant prepared a notice in proper form, addressed to W. F. Alger, and on the back thereof there was the following indorsement: "The within notice came into my hands for service on the 14th day of July, A. D., 1876, and on the same date I did serve said notice by reading to Wm. F. Alger the within notice, and by giving him a copy of the same at Creston, Union county, Iowa. (Signed) A. L. GI: 'rnanoE." There was an aflidavit made by said Guthridgc in proof of said service, and the notice, service thereof, and afiidavits were tiled with the treasurer on the 11th day of August, 1876. Appellants contend that the evidence shows that they made application to the auditor to redeem from the sale before the expiration of ninety days from the date of filing the notice and proof of service. This, we think, is incorrect. It is true there is a cohfiict of evidence upon the question, but, ve think, there is not a preponderance with the plaintiffs. The auditor was examined as a witness. and testified that he did not allow the redemption to be made because the offer was made too late. With all the papers and records before him 'at the time, it is not at all probable that he made a mistake in his calculation of time. III. It is said that the notice should have been served upon the plaintifls, because it was known...
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