Jamison v. Harvey
Missouri Court of Appeals
Appeal from Lincoln Circuit Court. — Eon. Jas. D. Barnett, Judge. (1) The defendants having availed themselves of the judgment as an adjudication and pleaded it as in full force and effect are estopped now from interposing any defense to i,ts force and effect. A party is bound by statements made in Ms own pleading. Knoop y. Kelsey, 102 Mo. 291; Lilly v. Menke, 143 Mo. 137; Cousin v. Bowling, 100 Mo.
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Appeal from Lincoln Circuit Court. — Eon. Jas. D. Barnett, Judge. (1) The defendants having availed themselves of the judgment as an adjudication and pleaded it as in full force and effect are estopped now from interposing any defense to i,ts force and effect. A party is bound by statements made in Ms own pleading. Knoop y. Kelsey, 102 Mo. 291; Lilly v. Menke, 143 Mo. 137; Cousin v. Bowling, 100 Mo. App. 459. (2) The judgment sued on is personal as well as a charge against the land. The statute of 1872 under which it was given, directs the character and extent of the judgment to be that the…
1Opinion of the CourtReynolds, P. J.
(after stating the facts).— Section 219, pp. 1206-1207, Wagner’s Statutes, which is *150section 220, p. 129, Sessions Acts, 1'872, and which.is the section referred to as section 221, provided, in substance, that if the holder of a tax deed be defeated in an action against him for the recovery of the land sold, the successful claimant shall be adjudged to pay such party claiming under the tax deed, the full amount of all taxes paid by the purchaser on such land at the time of the purchase and all subsequent taxes paid by him, together with the amount of the redemption money provided for by law…
2Cases cited13 opinions
- Neenan v. City of St. JosephSupreme Court of Missouri · 1894
- Crook v. TullSupreme Court of Missouri · 1892
- Haarstick v. GabrielSupreme Court of Missouri · 1906
- State ex rel. Hayes v. SnyderSupreme Court of Missouri · 1897
- Burkham v. ManewalSupreme Court of Missouri · 1906
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