The Buchanan County guardian. (Independence, Buchanan County, Iowa) 1858-1864, 1860-05-16

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s "A. The Deed shall be signed by
the Treasurer In his official capacity, and
acknowledged by him before some officer
authorized to take acknowledgements of
deeds; and when substantially thus exc
cuted and recorded in the proper record
of titles to real estate, shall vest in the
purchaser all the right, title, interest and
estate of the former owner in and to the
land conveyed, and also all the right, IL
tie, interest and claim of the State and
County thereto, and shall be prima tfacie
evidence in all courts of this State, in all
controversies, and suits in relation to the
rights of the purchaser, his heirs or as
signs, to the land thereby conveyed, of
the following facts
lst. That the real property conveyed
was subject to taxation for the year or
years stated in the deed
Cd. That the taxes were not paid at
any time before the sale.
Sd. That the real property conveyed
had not been redeemed from the sale at
the date of the deed, and shall be con-
elusive evidence of the following facts :
1st. that the property had been list
ed and assessed at the time and in the
manner required by law.
I'd. That the taxes were levied ac-
cording to law
Sd. That the property was advertised
for sale in the manner and for the length
of time required by law.
4th. That the property was sold for
taxes as stated in the deed.
9th. That the grantee named in the
deed was the purchaser.
9th. That the sale was conducted in
the manner required by law.
9TH. That all the prerequisites of the
law were complied with by all the officers
who had had or whose duty it was to
have had any part or action in any trans
action relating to or affecting the title
conveyed, or purporting to be conveyed
by the deed, from the listing and valu-
alton Of the property up to the execution
of the deed, both inclusive, and that all
things whatsoever, required by law to
make a good and valid sale, and to vest
the tide in the purchaser were done, ex-
cept in regard TO the three points named
in this section, wherein the deed shall be
prtma tocie evidence only.
And in all controversies and suits in
volving the title to real property claim
ed and held under and by virtue of a
deed executed substantially as aforesaid
by the treasurer, the person claiming IT,
tie adverse to the title conveyed by such
deed, shall be required to prove, in or
der to defeat the said title, either that the
, said real property was not subject to tax
alton for the year or years named in the
deed-that the taxes had been paid be-
} fore the sale, or that the property had
been redeemed from the sale according
to the provisions OF this act, and that
such redemption was had or made for the
use and benefit of persons having the
right of redemption under the laws Of
this State, but no person shall be per-
mitted to question the title acquired by
a treasurer's deed without first showing
that he or she, or the person under whom
he or she claims title, had title to the
property at the time of the sale, or that
the title was obtained from the United
States, or this State, after the sale, and
that all taxes due upon the property have
been paid by such person, or the person
under whom lie or she claims title as
aforesaid. Provided that in any case
where person had paid his taxes and
through mistake in the entry made in
the Treasurers books, or in the receipt,
the land upon which the taxes were paid
was afterwards sold the Treasures deed
shall not convey the title. Providcd
further, that in all cases where the owner
Of lands sold for taxes shall resist the va
lidity Of such tax title such owner may
show and prove fraud committed by the
officer selling the same or in the pur-
chaser to defeat the same and if fraud is
SO established such sale and title shall be
void
5 rs. When by mistake or wrongful
act Of the Treasurer, land has been sold
on which no tax was due AT the time, or
whenever land is sold in consequence Of
error in describing such land in the tax
receipt, the county is to hold the pur-
chaser harmless by paying him the
amount Of principal and interest and
costs TO which he would have been emit
tled had the land been rightfully sold,
and the Treasurer and his surities will
be liable to the county for the amount Of
his official bond, or the purchaser, or his
assignee may recover directly of the
Treasurer in an action brought TO recov-
er the same in any court having juris-
diclion of he amount, and Judgment
shall be against him and his bondsmcn.
Provided always that the Treasurer or his
surilies shall be liable only for his own or
his Deputies acts.
5 rs. In all suits and controversies
involving the question Of title to real
property held under and by virtue of a