Dist. Township of Wesley v. Dist. Township of Algona

Supreme Court of Iowa

Dist. Township of Wesley v. Dist. Township of Algona

52 Iowa 153

DecidedOctober 24, 1879

StatusPublished

This text of 52 Iowa 153 (Dist. Township of Wesley v. Dist. Township of Algona) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dist. Township of Wesley v. Dist. Township of Algona, 52 Iowa 153 (iowa 1879).

Pincite

Opinion

Rothcock, J.

I. It appears by the answer that the warrant was the result of a settlement between the parties, the consideration being that the defendant should receive the taxes which were due and delinquent upon the territory which was detached from it. This was a sufficient consideration, and in the absence of fraud or mistake it cannot be questioned in an action upon the warrant,

II. The fact that the plaintiff has received some of the delinquent taxes does not work an estoppel. It might have been the proper subject for a counter-claim, but it is not so pleaded. The answer does not allege what amounts have been wrongfully collected. The demurrer was properly sustained.

Aretemed,

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Rothcock, J.

I. It appears by the answer that the warrant was the result of a settlement between the parties, the consideration being that the defendant should receive the taxes which were due and delinquent upon the territory which was detached from it. This was a sufficient consideration, and in the absence of fraud or mistake it cannot be questioned in an action upon the warrant,

II. The fact that the plaintiff has received some of the delinquent taxes does not work an estoppel. It might have been the proper subject for a counter-claim, but it is not so pleaded. The answer does not allege what amounts have been wrongfully collected. The demurrer was properly sustained.

Aretemed,

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Bluebook (online)

52 Iowa 153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dist-township-of-wesley-v-dist-township-of-algona-iowa-1879.