Apperson v. Allen
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court.— IIon. Jacob Klein, Judge. (1) A purchaser filing a tax deed for record, in the office of recorder of deeds, can be sued in ejectment by the owner of the property, though not in the actual possession, the premises being vacant.
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Appeal from the St. Louis City Circuit Court.— IIon. Jacob Klein, Judge. (1) A purchaser filing a tax deed for record, in the office of recorder of deeds, can be sued in ejectment by the owner of the property, though not in the actual possession, the premises being vacant. Hence instruction number 2, asked for by the defendant, should have been given. 2 R. S. 1889, sec. 7698; Callahan r>. Lams, 90 Mo. 78. (2) Instruction number 3, as asked for by the defendant, should have been given, as plaintiff’s possession was insufficient, being merely nominal, not taken for beneficial use but for the…
1Opinion of the CourtBiggs, J.
This is an action under the statute to quiet title to land. R. S. 1889, sec. 2092. The defense was that the plaintiff’s possession of the lot in question was not actual or bona fide; that a temporary wire fence was placed around the lot by the plaintiff the day before the suit was brought; that, prior to this time, the lot was vacant; that the defendant claimed title under a tax deed, dated June 2, 1883, conveying to his immediate grantor the lot in dispute; that this ta.x deed was recorded in the recorder’s office for the city of St. .Louis on the thirteenth day of July, 1883 ; that the…
2Cases cited3 opinions
- Dyer v. BaumeisterSupreme Court of Missouri · 1885
- Dyer v. ReitzMissouri Court of Appeals · 1884
- Dyer v. KrackauerMissouri Court of Appeals · 1883
3Cited by5 opinions
- Pettus v. City of St. LouisSupreme Court of Missouri · 1951
- Northcutt v. EagerSupreme Court of Missouri · 1896
- Underwood v. City of CaruthersvilleMissouri Court of Appeals · 1917
- Underwood v. City of CaruthersvilleMissouri Court of Appeals · 1910
- Perry v. McDonaldWest Virginia Supreme Court · 1911