Whelen v. Weaver
Supreme Court of Missouri
Error to Shannon Circuit Court.— I-Ion. J. R. Wood-side, Judge. (1) The judgment rendered by the justice of the peace, on which is based defendants’ claim of title in the proceeding to enforce the state’s lien for back taxes, is void, because said proceedings and judgment are against Henry Wheler and not Henry Whelen.
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Error to Shannon Circuit Court.— I-Ion. J. R. Wood-side, Judge. (1) The judgment rendered by the justice of the peace, on which is based defendants’ claim of title in the proceeding to enforce the state’s lien for back taxes, is void, because said proceedings and judgment are against Henry Wheler and not Henry Whelen. The names Henry Wheler and Henry Whelen are not one and the same name. 55 Mo. 581. Henry Whelen was not a party to the suit to enforce the state’s lien for back taxes, and his interest in the lands in controversy cannot be affected thereby. Parle v. Laughlin, 49 Mo. 162. (2) No…
1Opinion of the CourtBlack, J.
This is an action of ejectment for three parcels of land in Shannon county. Plaintiff shows a complete chain of title, by patent and deeds, in himself, to the described property, all of which deeds were duly *432executed and recorded on or prior to December 12, 1871. He continued to be owner of the land until 1879, when he conveyed to one Mendenhall, who conveyed back to plaintiff in February, 1883.
The defendants’ title is a sheriff’s deed, dated November 5, 1880,. to defendant Weaver. The deed recites a sale under a special execution, issued on a transcript of a judgment of a justice of the…
2Cited by11 opinions
- Geer v. Missouri Lumber & Mining Co.Supreme Court of Missouri · 1896
- City of Detroit v. Detroit City Ry. Co.U.S. Circuit Court for the District of Eastern Michigan · 1893
- Graton v. Holliday-Klotz Land & Lumber Co.Supreme Court of Missouri · 1905
- Chamberlain v. BlodgettSupreme Court of Missouri · 1888
- Burge v. BurgeMissouri Court of Appeals · 1902
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