Fleckenstein v. Baxter
Supreme Court of Missouri
Appeal from Putnam Circuit Court.—Hon. Andrew Ellison, Judge. (1) The lower court erred in refusing the second declaration of law asked by defendant. Taxes are a public lien created by statute and evidenced by public records in the assessor’s and collector’s office, and of this lien all are treated as having notice. Revised Statutes, 1879, sec. 6717 p. 1317. This lien is an all respects treated as and has the legal effect of a recorded first mortgage in favor of the state.
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Appeal from Putnam Circuit Court.—Hon. Andrew Ellison, Judge. (1) The lower court erred in refusing the second declaration of law asked by defendant. Taxes are a public lien created by statute and evidenced by public records in the assessor’s and collector’s office, and of this lien all are treated as having notice. Revised Statutes, 1879, sec. 6717 p. 1317. This lien is an all respects treated as and has the legal effect of a recorded first mortgage in favor of the state. See. 6717, supra. Any one buying the land after the date fixed by law for assessment takes it subject to that lien. If he…
1Opinion of the CourtBlack, P. J.
This is an action of ejectment for eighty acres of land, being two forty-acre tracts. The plaintiff’s title is as follows: First, a patent from the United States to Charles Schloegel, dated the eighteenth of March, 1858; second, a deed from Schloegel to the plaintiff dated September 2, 1887, recorded the fifth •of September, 1887.
The court found for defendant as to one forty-acre tract, and for the plaintiff as to the other, namely, the northwest quarter of the northwest quarter of a given section. This is the tract still in question. For title to this parcel, the defendant introduced the…
2Cited by9 opinions
- Pettus v. City of St. LouisSupreme Court of Missouri · 1951
- Griffin v. FranklinSupreme Court of Missouri · 1909
- Journey v. MilerSupreme Court of Missouri · 1952
- Smith v. VickerySupreme Court of Missouri · 1911
- Charter Oak Land & Lumber Co. v. BippusSupreme Court of Missouri · 1906
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