Ozark Land & Lumber Co. v. Lasley
Missouri Court of Appeals
Appeal from Oregon Circuit Court.- — Hon. William N. Evans, Judge. STATEMENT OE THE CASE. Suit is to recover damages from the defendants for cutting ápd removing pine timber from the northwest quarter and southwest quarter, section 19, township 25, range 5 in Oregon county, Missouri, and to restrain defendants from committing waste thereon. The answer was a general denial.
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Appeal from Oregon Circuit Court.- — Hon. William N. Evans, Judge. STATEMENT OE THE CASE. Suit is to recover damages from the defendants for cutting ápd removing pine timber from the northwest quarter and southwest quarter, section 19, township 25, range 5 in Oregon county, Missouri, and to restrain defendants from committing waste thereon. The answer was a general denial. The plaintiff recovered judgment for damages committed on the southwest quarter, but on account of an instruction given by the court, which declared that plaintiff had not shown title to the northwest quarter, the issues as…
1Opinion of the CourtBland, P. J.
In plaintiff’s chain of title to the northwest quarter was a sheriff’s deed based on a judgment for back-taxes rendered against J. Barclay, the record owner. The deed was regular on its face and contained the usual statutory recitals. To impeach the validity of the sheriff’s deeds, defendants introduced the proceedings in the back-tax suit, by which it *372appeared that Barclay was a non-resident and that he was notified of the pendency and object of the suit by publication. The order of publication described the land as the northwest quarter of section 19, township 35, range 5. The judgment,…
2Cases cited2 opinions
- Winningham v. TruebloodSupreme Court of Missouri · 1899
- Stewart v. AllisonSupreme Court of Missouri · 1899