Morton v. Reeds
Supreme Court of Missouri
Appeal from Lincoln circuit court. 1st. The Auditors sale'to Suggett.for the'.non-payment. of taxes &c., is illegal and void; because, 1st. The proceed-' ing being by special act, in derogation of common right! the statute itself must be strictly construed against the power. ■2nd.
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Appeal from Lincoln circuit court. 1st. The Auditors sale'to Suggett.for the'.non-payment. of taxes &c., is illegal and void; because, 1st. The proceed-' ing being by special act, in derogation of common right! the statute itself must be strictly construed against the power. ■2nd. The proceeding being ex-parte and under a special au-lhoiity, the greatest strictness is required: nothing ean be presumed in favor of the- act, but every requisite of the law must be shown to have been complied with, Pit. R. 349-5 Cond R. 28. 2 Cond. R. 151, and authorities collated, at the •end of that case. 4th'…
1Opinion of the Court
Statement of the case made, and opinion.of the court delivered by
M’Girk, Judge.
Morton the plaintiff brought an action of ejectment against the defendant in the circuit court of Lincoln county to recover possession of a tract of land, lying in that county, containing two thousand arpens. The defendant pleaded not guilty. ■ On the trial, the plaintiff produced a title or deed from one Paul Chouteau to himself for the land, and also showed the land had been granted to Chouteau by the Spanish government, and confirmed by the American gov-ernmeht. To defeat the plaintiff’s right to recover, the…
2Cases cited1 opinion
- Bailey v. SloanCalifornia Supreme Court · 1884
3Cited by16 opinions
- Bussen Realty Co. v. BensonSupreme Court of Missouri · 1942
- Smithers v. LowranceTexas Supreme Court · 1906
- Dequasie v. HarrisWest Virginia Supreme Court · 1880
- Wildman v. EnfieldSupreme Court of Arkansas · 1927
- State ex rel. Wingate v. WoodsonSupreme Court of Missouri · 1867
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