Legal Opinion

Bird v. Sellers

Supreme Court of Missouri

Decided January 31, 1893PublishedCited by 9 opinions

Appeal from Gentry Circuit Cowrt. — Hon. C. H. S. Goodman, Judge, (1) Tlie court erred in admitting in evidence the tax deed to Holden, for the reason that it was void on its face, and could not set in motion the statute of limitations. First. If void there was nothing upon which the statute (Eevenue Laws of 1872, section 221) could operate. Mason v. Crowder, 85 Mo. 527; Hopkins v. Scott, 86 Mo. 140; Kinney v. Forsyth, 96 Mo. 414; Pearce v. Tittsworth, 87 Mo. 635. Second.

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Appeal from Gentry Circuit Cowrt. — Hon. C. H. S. Goodman, Judge, (1) Tlie court erred in admitting in evidence the tax deed to Holden, for the reason that it was void on its face, and could not set in motion the statute of limitations. First. If void there was nothing upon which the statute (Eevenue Laws of 1872, section 221) could operate. Mason v. Crowder, 85 Mo. 527; Hopkins v. Scott, 86 Mo. 140; Kinney v. Forsyth, 96 Mo. 414; Pearce v. Tittsworth, 87 Mo. 635. Second. The taxes for 1871 and 1873 being governed by different laws and rules could not be united in the same proceedings; one…

1Opinion of the CourtBurgess, J.

This is an act of ejectment for the recovery of forty acres of land in Gentry county, to-wit, the northeast quarter of the northeast quarter, section 15, township 63, range 30. The petition is in the usual form.

*586The answer is as follows:

“Comes now the defendant and files his amended answer to plaintiff’s petition herein, and admits that on the second day of March, 1889, and for a long time-prior thereto, he was, and that he still is in possession, of the land described in said petition; but denies each, and every other allegation in said petition contained.. For his further answer and defense,…

2Cases cited9 opinions

  1. Nelson v. BrodhackSupreme Court of Missouri · 1869
  2. Fairbanks v. LongSupreme Court of Missouri · 1887
  3. Mason v. CrowderSupreme Court of Missouri · 1885
  4. Hopkins v. ScottSupreme Court of Missouri · 1885
  5. Parker v. Sexton & SonSupreme Court of Iowa · 1870

4 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Denny v. GuytonSupreme Court of Missouri · 1932
  2. Courtner v. PutnamSupreme Court of Missouri · 1930
  3. Stephenson v. Van BloklandOregon Supreme Court · 1911
  4. Pettus v. City of St. LouisSupreme Court of Missouri · 1951
  5. Sexton v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1912

4 more not listed; retrieve them via the Exa API.

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