Taft v. McCullock
Supreme Court of Missouri
Appeal from Gentry Circuit Court. — Hon. C. A. Anthony, Judge. (1) This suit having been begun within ten years from the date of the tax deed, is not barred by the ten years statute of limitations. Pitkin v. Beibel, 104 Mo. 505; Pitkin v. Shacklett, 106 Mo. 571. (2) The purchaser under the tax deed, in case it was not sustained, has, under the statute, the right to recover the full sum paid by him on the land at the tax sale. Wag.
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Appeal from Gentry Circuit Court. — Hon. C. A. Anthony, Judge. (1) This suit having been begun within ten years from the date of the tax deed, is not barred by the ten years statute of limitations. Pitkin v. Beibel, 104 Mo. 505; Pitkin v. Shacklett, 106 Mo. 571. (2) The purchaser under the tax deed, in case it was not sustained, has, under the statute, the right to recover the full sum paid by him on the land at the tax sale. Wag. Stat., p. 1207. The owner of the property can not rightfully complain if he is thus required to discharge his share of the public burden, though the sale be…
1Opinion of the CourtMacfarlane, J.
This is a suit in ejectment to recover possession of nineteen and sixty-seven hundredths acres of land off the east side of lot 5, northeast quarter of section 15, township 61, range 30, in Gentry county.
The petition contains two counts, the first in the form usual in ejectment suits; the second, in addition, avers that plaintiff claimed his right to possession by virtue of a tax deed executed, acknowledged and delivered by the collector of the county under a sale for the taxes of 1875. The prayer under the second count is, that, if the tax deed should be adjudged insufficient to authorize a…
2Cases cited6 opinions
- Palmer v. PalmerMichigan Supreme Court · 1877
- Bingham v. BirminghamSupreme Court of Missouri · 1890
- Hintrager v. TrautSupreme Court of Iowa · 1886
- Pitkin v. ReibelSupreme Court of Missouri · 1891
- Dillinger v. KelleySupreme Court of Missouri · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State ex rel. Howard v. Estate of TimbrookSupreme Court of Missouri · 1912
- State ex rel. Stotts v. Farmers & Merchants' National BankSupreme Court of Missouri · 1898
- Metropolitan St. Louis Sewer District v. HolloranMissouri Court of Appeals · 1988
- Phelps v. BrumbackMissouri Court of Appeals · 1904
- Phelps v. BrumbackMissouri Court of Appeals · 1904