Tice v. Hamilton
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. The assessment for improvements as pleaded can only be enforced by retaining possession of the land. It is a judgment in rem. This under the law, is a proper judgment. Russell v. DeFrance, 39 Mo. 506; Stump v. Hornback, 94 Mo. 31. The deed of trust was given pending the suit for improvements.
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Transferred from St. Louis Court of Appeals. The assessment for improvements as pleaded can only be enforced by retaining possession of the land. It is a judgment in rem. This under the law, is a proper judgment. Russell v. DeFrance, 39 Mo. 506; Stump v. Hornback, 94 Mo. 31. The deed of trust was given pending the suit for improvements. Plaintiffs therefore assert that they are entitled to the land subject to the assessment for improvements — the judgment in rem; but free from the judgment for costs— in personam, and submit the following reasoning: “It is unnecessary to cite authorities to…
1Opinion of the CourtGantt, J.
This is an appeal from a judgment of the circuit court of Texas county, at the November term, 1901.
The appeal was certified to the St. Louis Court of Appeals, and that court transferred it to this court on the grounds that the title to real estate was involved. •
The facts upon which this case is bottomed are as follows:
On the 22d day of May, 1889, Perry G. Tice, one of the plaintiffs herein, recovered judgment in ejectment in the circuit court of Texas county against one Prank Fleming for the possession of the southeast quarter of section 25, township 28, range 9 west, and also for the sum of…
2Cases cited1 opinion
- Tice v. FlemingSupreme Court of Missouri · 1903
3Cited by2 opinions
- Keith v. KeithMissouri Court of Appeals · 1980
- Hollingsworth v. National Biscuit Co.Missouri Court of Appeals · 1905