Legal Opinion

Pitkin v. Reibel

Supreme Court of Missouri

Decided April 15, 1891PublishedCited by 15 opinions

Appeal from Scotland Circuit Court. — Hon. B. E. Turner, Judge. The court erred in finding for defendants in matter of possession. 2 Wag.

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Appeal from Scotland Circuit Court. — Hon. B. E. Turner, Judge. The court erred in finding for defendants in matter of possession. 2 Wag. Stat., secs. 216,217, p. 1205, and secs. 218, 219, p. 1206; Hailey v. Guinn, 76 Mo. 635. The court erred in refusing to find and render judgment for plaintiffs, and in their favor, for an amount equaling the amount by them paid at tax sale, as purchase money, and the taxes on the lands by them subsequently paid, with interest, when it found in defendants’ favor in the matter of recovery. 2 Wag. Stat., sec. 219, p. 1205. (1) The writ of error should be…

1Opinion of the CourtMaofarlane, J.

— Ejectment to recover possession of the northeast quarter of the southeast quarter, section *50719, township 66, range 10, in Scotland county. The petition is in the usual form.

The answer denies certain allegations of the petition, pleads the ten years’ statute of limitations, and sets up specially that plaintiff’s claim of title was through a certain tax deed which is copied in full in the answer, alleges that the deed was void and plaintiff acquired no title thereunder.

Plaintiff replied, admitting that his only claim of title was derived through said tax deed, and asked, if his deed was…

2Cases cited7 opinions

  1. Hopkins v. ScottSupreme Court of Missouri · 1885
  2. Bingham v. BirminghamSupreme Court of Missouri · 1890
  3. Eads v. StephensSupreme Court of Missouri · 1876
  4. Dillinger v. KelleySupreme Court of Missouri · 1884
  5. Williams v. McLanahanSupreme Court of Missouri · 1878

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3Cited by15 opinions

  1. Meriwether v. OverlySupreme Court of Missouri · 1910
  2. Granger v. BarberSupreme Court of Missouri · 1951
  3. Klorner v. NunnSupreme Court of Missouri · 1958
  4. Hilton v. SmithSupreme Court of Missouri · 1896
  5. Buffalo Trust Co. v. Producers Exchange No. 148Missouri Court of Appeals · 1930

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