United States Supreme Court Cases & Opinions

U.S. Supreme Court

Barrett v. Holmes, 102 U.S. 651 (1880)

Barrett v. Holmes

102 U.S. 651

ERROR TO THE SUPREME COURT

OF THE STATE OF IOWA

1. The right of entry of a party who claims under the treasurer's deed lands in Iowa sold for the nonpayment of taxes is barred, if, within five years after the deed has been executed and recorded, he neither sues for nor takes possession of the lands.

2. A statutory provision to that effect is not in conflict with the Constitution of the United States.

This was an action for the recovery of real property, brought by the plaintiff in error Aug. 28, 1874, in the Circuit Court of Mills County, in the State of Iowa. He relied on a tax title based on the deed of the county treasurer to one Meads, dated Jan. 6, 1868, and recorded on the 28th of the same month, a deed from Meads to one Callanan, dated Feb. 1 and recorded March 12, 1873, and a deed from Callanan to himself, dated July 25 and recorded Aug. 3, 1874.