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HEMPHILL v. MONTGOMERY

No. 95-150.

548 N.W.2d 579 (1996)

Donald J. HEMPHILL, Appellee, v. Lavon MONTGOMERY, As Clay County Treasurer, and Clay County, Iowa, Appellants.

Supreme Court of Iowa.

May 22, 1996.

Attorney(s) appearing for the Case

Patrick M. Carr, Assistant County Attorney, for appellants.

Donald J. Hemphill of Hemphill Law Office, Spencer, for appellee.

Considered by HARRIS, P.J., and LARSON, CARTER, SNELL, and TERNUS, JJ.

LARSON, Justice.

The plaintiff, Donald Hemphill, owns real estate in Spencer, Iowa, which was offered at tax sale in 1987 pursuant to Iowa Code section 446.7 (1987). Because no private bids were received at the sale, the county purchased the property pursuant to section 446.19. The county received a tax sale certificate. See Iowa Code § 446.29.

In May 1993 the county treasurer served a notice on Hemphill advising him that his right to redeem the...

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