Graton v. Holliday-Klotz Land & Lumber Co.
Supreme Court of Missouri
Appeal from Wayne Circuit Court. — Row. Frank B. Bearing, Judge. A suit-under section 650 is, from the language of the statute itself, necessarily an equitable proceeding. Hall v. Kellog, 16 Mich. 135. “In a bill to quiet title it is sufficient for plaintiff to make out a title apparently good as against defendant.”
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Appeal from Wayne Circuit Court. — Row. Frank B. Bearing, Judge. A suit-under section 650 is, from the language of the statute itself, necessarily an equitable proceeding. Hall v. Kellog, 16 Mich. 135. “In a bill to quiet title it is sufficient for plaintiff to make out a title apparently good as against defendant.” Rayner v. Lee, 20 Mich. 384; Loomis v. Roberts, 57 Mich. 284. Tax proeeedings are of no force or effect to convey the interests of parties not made parties to the suit. Whelen v. Weaver, 93 Mo. 430. No one is served by publication who is not correctly named. Chamberlain v.…
1Opinion of the CourtGantt, J.
This is an appeal from a judgment of the circuit court of Wayne county. The action is brought under section 650, Revised Statutes 1899.
The petition, in substance, states that the defendant is and was at the times hereinafter mentioned, a corporation, duly organized and existing according to law; that plaintiff is and has for a long time past been the owner in fee simple of the following real estate in Wayne county, to-wit, the southeast one-fourth, and the west one-half of southeast one-fourth, of section thirty-four, township thirty, in range six, consisting of two hundred and forty acres;…
2Cases cited10 opinions
- Ricketts v. HartSupreme Court of Missouri · 1899
- Huff v. Laclede Land & Improvement Co.Supreme Court of Missouri · 1900
- R. L. McDonald & Co. v. HooverSupreme Court of Missouri · 1898
- Adams v. BuchananSupreme Court of Missouri · 1871
- Ball v. WoolfolkSupreme Court of Missouri · 1903
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Charles v. WhiteSupreme Court of Missouri · 1908
- Johnson v. McAboySupreme Court of Missouri · 1943
- Shuck Ex Rel. Shuck v. ShuckNorth Dakota Supreme Court · 1950
- Harrison Machine Works v. BowersSupreme Court of Missouri · 1906
- Gage v. CantwellSupreme Court of Missouri · 1905
18 more not listed; retrieve them via the Exa API.