Legal Opinion

Fontaine v. Hudson

Supreme Court of Missouri

Decided October 15, 1887PublishedCited by 13 opinions

Appeal from St. Louis City Circuit Court. — How. E. B. Adams, Judge. All actions in tax suits are required to be prosecuted against the owners of the property. R. S., sec. 6837. When the tax suit was brought the parties made defendant are the heirs of Mary O. Smith. It was alleged they were her heirs by descent.

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Appeal from St. Louis City Circuit Court. — How. E. B. Adams, Judge. All actions in tax suits are required to be prosecuted against the owners of the property. R. S., sec. 6837. When the tax suit was brought the parties made defendant are the heirs of Mary O. Smith. It was alleged they were her heirs by descent. If, at the time of bringing the suit, the heirs of Mary O. Smith by descent.were dead, and not the owners of the property, the action was not properly brought against the owners of the property, :and their interest remained unaffected by any judgment, •execution, and sale had in the…

1Opinion of the CourtBrace, J.

In an action, commenced in the circuit court of the city of St. Louis to the October term, 1881, thereof, in which the state of Missouri, at the relation of Nathaniel O. Hudson, collector of said city, was plaintiff, and the “unknown heirs of Mary O. Smith” were defendants, for the recovery of delinquent taxes for the year 1879, due on lot ninety-eight, in block 31, in North St. Louis addition, the plaintiff, on the twenty-second of March, 1882, recovered judgment for the amount of taxes found to be due thereon for the year 1879, and costs; on the seventh of April, 1882, special execution was…

2Cited by13 opinions

  1. State v. HaneySupreme Court of Missouri · 1955
  2. Hubbart v. Willis State BankCourt of Appeals of Texas · 1909
  3. Pelz v. BollingerSupreme Court of Missouri · 1904
  4. Ex parte CraigSupreme Court of Missouri · 1895
  5. State Ex Rel. Garvey v. BucknerSupreme Court of Missouri · 1925

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