NEDDERMAN et al.
CITY OF DES MOINES et al. (BECK, Intervener).
Appeal from District Court, Polk County; O. S. Franklin, Judge.
Action in equity to enjoin defendants from interfering with plaintiffs in the construction of a store building on certain lots in city of Des Moines, and for decree establishing validity of a building permit issued therefor. Fremont L. Beck intervened praying that the tax deed, constituting plaintiffs' title, be set aside and canceled. From judgment and decree for plaintiffs, defendants and intervener have appealed.
ALBERT and ANDERSON, JJ., dissenting.
Van Liew, Weaver, Ralls, McNutt & Ash, of Des Moines, for appellants.
McMartin, Herrick & Langdon, of Des Moines, for appellees.
Emmert, James & Lindgren, of Des Moines, for intervener.
Leaving the intervener's petition for discussion in a later portion of this opinion, we first proceed to a consideration of the issues as between plaintiffs and defendants, by all of whom the following facts are conceded: That plaintiffs are the holders of a valid tax deed to the city lots involved, dated April 1, 1935, issued pursuant to a county treasurer's tax sale for general taxes; that at the time of all transactions involved in this case said lots have been within a locality zoned for commercial or business purposes by the zoning ordinances of said city; that said lots are a part of a subdivision designated as Fair Acres, within the city of Des Moines, the subdivision containing 64 lots; that the person platting the subdivision has conveyed nearly all of the lots, including the two to which plaintiffs claim title under tax deed; that each deed of conveyance by the proprietor of the subdivision contained restrictive ...