Morrison v. Turnbaugh
Supreme Court of Missouri
Appeal from Stoddard Circuit Court. — Row. J. L. Fort, Judge. (1) Appellants insist that at the date of the institution of the suit, judgment, execution and delivery of the tax deed by sheriff to respondent, George M. Johnson was a citizen of the State of Missouri.
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Appeal from Stoddard Circuit Court. — Row. J. L. Fort, Judge. (1) Appellants insist that at the date of the institution of the suit, judgment, execution and delivery of the tax deed by sheriff to respondent, George M. Johnson was a citizen of the State of Missouri. If so, he should have been proceeded against by summons and not by publication until a return of non est was had, or an affidavit that said George M. Johnson so concealed himself that the ordinary process of law could not be served upon him. In addition, the affidavit does not comply with section 575 or section 2022, Revised…
1Opinion of the CourtLamm, J.
This is a suit to quiet title to the northwest quarter of section 6, township 28, range 12, in Stoddard county, and was treated as an equity case.
The petition sets forth that James M. Morrison has a curtesy interest in the land, that his co-plaintiffs are his children and have interests in remainder, subject to said curtesy, and claim title; that he is their trustee; that plaintiffs have been in open, notorious, adverse, exclusive and continuous possession of the land under claim and color of title for more than ten years last past; and that defendant claims some title, estate or interest,…
2Cases cited16 opinions
- Gray v. BowlesSupreme Court of Missouri · 1881
- Jones v. DriskillSupreme Court of Missouri · 1887
- Allen v. RaySupreme Court of Missouri · 1888
- Vincent v. MeansSupreme Court of Missouri · 1904
- Wellshear v. KelleySupreme Court of Missouri · 1879
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Homan v. Employers Reinsurance Corp.Supreme Court of Missouri · 1940
- State v. SwearenginSupreme Court of Missouri · 1916
- Lowe v. MontgomerySupreme Court of Missouri · 1928
- Miller v. MedleySupreme Court of Missouri · 1911
- Thompson v. PinnellSupreme Court of Missouri · 1911
3 more not listed; retrieve them via the Exa API.