Gitchell v. Kreidler
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. (1) No interest in the land is affected save that of the persons who were parties to the record. Stafford r>. Fizer, 82 Mo. 393 ; Corrigan v. Bell, 73 Mo. 53 ; Valentine v. Havenor, 20 Mo. 133. (2) The tax proceeding is not a proceeding in rem.
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Appeal from St. Louis Court of Appeals. (1) No interest in the land is affected save that of the persons who were parties to the record. Stafford r>. Fizer, 82 Mo. 393 ; Corrigan v. Bell, 73 Mo. 53 ; Valentine v. Havenor, 20 Mo. 133. (2) The tax proceeding is not a proceeding in rem. Conkling’s Treatise, pp. 306, 379; Mankin v. Chandler, 2 Brock. 125; Blackwell on Tax Titles (4 Ed.) 631; Hopper v. Malleson, 16 N. J. Eq. 382; Boyle v. B7c., 14 Ala. 622. (3) The statute requiring that the owner shall be sued requires the joiner of all mortgagees and cestuis que trustent. Stafford v. Fizer,…
1Opinion of the CourtBlack, J.
This was an action of ejectment. On and prior to the first of September, 1875, defendant owned the property. On that day he made a deed of trust thereon to one Bertram, trustee, to secure a principal and six interest notes, payable to Barbara Steadier, which was recorded in that month. After these notes *475became due, and in October, 1878, defendant occupied the premises as tenant of Mrs. Steadier. She died and Harter became executor of her estate, the defendant paying rents to him. Thus the title and possession stood, when a suit was brought in 1879, by the state to the use of the collector of…
2Cases cited3 opinions
- Stafford v. FizerSupreme Court of Missouri · 1884
- People v. BigginsIllinois Supreme Court · 1880
- Corrigan v. BellSupreme Court of Missouri · 1880
3Cited by32 opinions
- Grandy v. CaseySupreme Court of Missouri · 1887
- Merrill Railway & Lighting Co. v. City of MerrillWisconsin Supreme Court · 1903
- Morey Engineering & Construction Co. v. St. Louis Artificial Ice Rink Co.Supreme Court of Missouri · 1912
- Allen v. McCabeSupreme Court of Missouri · 1887
- Jaicks v. SullivanSupreme Court of Missouri · 1895
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