Tooker v. Leake
Supreme Court of Missouri
Appeal from Lawrence Circuit Court. — Hon. J. O. Lamson, Judge. (1) The judgment is absolutely void for want of jurisdiction; but conceding that as against Iona fide purchasers that it is not, there is a line of decisions by the Supreme Court of this State to the effect that if such purchasers knew of defects and irregularities in the judgment, like that in this case — that is, that they had knowledge of the residence of Horine and Tooker— that they are effected by such…
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Appeal from Lawrence Circuit Court. — Hon. J. O. Lamson, Judge. (1) The judgment is absolutely void for want of jurisdiction; but conceding that as against Iona fide purchasers that it is not, there is a line of decisions by the Supreme Court of this State to the effect that if such purchasers knew of defects and irregularities in the judgment, like that in this case — that is, that they had knowledge of the residence of Horine and Tooker— that they are effected by such knowledge. This doctrine is not open to question in Missouri. Payne v. Lott, 90 Mo. 676; Schmicli v. Niemeyer, 100 Mo. 207;…
1Opinion of the CourtBrace, P. J.
This is an action in ejectment to recover possession of the northwest quarter of the southwest quarter of section 24, township 26, range 26, in Lawrence county, Missouri. The petition is in common form and the answer a general denial. C. W. Tooker and S. H. Horine, trustee, are the common source of title. It is conceded that plaintiffs have their title, unless the same was divested by a sheriff’s deed under which the defendants claim title, dated February 16, 1894, made in pursuance of a sale under execution on a judgment in an action for delinquent taxes, rendered by the Lawrence county…
2Cases cited8 opinions
- Harness v. CravensSupreme Court of Missouri · 1894
- Jones v. DriskillSupreme Court of Missouri · 1887
- Payne v. LottSupreme Court of Missouri · 1886
- Cruzen v. StephensSupreme Court of Missouri · 1894
- Gibbs v. SouthernSupreme Court of Missouri · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Crossland v. AdmireSupreme Court of Missouri · 1899
- Stanton v. ThompsonSupreme Court of Missouri · 1911
- Cummings v. BrownSupreme Court of Missouri · 1904
- Orrick v. OrrickMissouri Court of Appeals · 1950
- State Ex Rel. Brown v. StewartSupreme Court of Missouri · 1926
13 more not listed; retrieve them via the Exa API.