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PENDERGAST v. DAVENPORT

No. 84-796.

375 N.W.2d 684 (1985)

Agnes PENDERGAST, Individually, and Agnes Pendergast, as Executor of the Estate of Edward F. Pendergast, Appellees, v. David DAVENPORT and Lori J. Davenport, Appellants. David DAVENPORT, Cross-Petitioner, v. CITY OF SIOUX CITY, Iowa, A Municipal Corporation, et al., Defendants to Cross-Petition.

Supreme Court of Iowa.

October 16, 1985.

Attorney(s) appearing for the Case

Larry A. Storm of Bikakis, Heubaum, Vohs & Storm, Sioux City, for appellants.

Joe Cosgrove and Frank Cosgrove of Yaneff & Cosgrove, Sioux City, for appellees.

Considered by REYNOLDSON, C.J., and UHLENHOPP, McCORMICK, McGIVERIN, and SCHULTZ, JJ.

SCHULTZ, Justice.

This is an appeal from a trial court ruling that set aside and declared void a tax deed issued by the Woodbury County treasurer to David Davenport. Agnes Pendergast (Agnes), individually and as executor of the estate of her deceased husband, Edward Pendergast, commenced this action in equity against David Davenport to nullify the tax deed. Later, Agnes amended her petition to include Davenport's wife, Lori. David Davenport filed a counterclaim requesting...

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