Legal Opinion

Pitkin v. Shacklett

Supreme Court of Missouri

Decided October 15, 1891PublishedCited by 8 opinions

Error to Scotland Circuit Court. — Hon. Ben. E. Turner, Judge. The court. erred in finding for defendant in matter of possession. 2 Wagner’s Statutes, secs. 216, 217, p. 1205; secs. 218, 219, p. 1206 ; Railey v. Quinn, 76 Mo., p. 635. The court erred in refusing to find and render judgment for plaintiffs and in their favor, for amount equalling the amount by them paid at tax sale, as purchase money, and the taxes on the lands by them subsequently paid, with interest, when it…

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Error to Scotland Circuit Court. — Hon. Ben. E. Turner, Judge. The court. erred in finding for defendant in matter of possession. 2 Wagner’s Statutes, secs. 216, 217, p. 1205; secs. 218, 219, p. 1206 ; Railey v. Quinn, 76 Mo., p. 635. The court erred in refusing to find and render judgment for plaintiffs and in their favor, for amount equalling the amount by them paid at tax sale, as purchase money, and the taxes on the lands by them subsequently paid, with interest, when it found in the defendant’s favor in the matter of recovery. 2 Wagner’s Statutes, sec. 219, p. 1205; Pitkin v. Reibel, 104…

1Opinion of the CourtMacfarlane, J.

This suit is ejectment in the usual form commenced April 16, 1885, to recover fifty-five acres of land off the west end of the north half of northwest quarter, section 3, township 64, range 10, in Scotland county. The answer was a general denial and a plea of ten years’ adverse possession.

Plaintiffs, in their reply, set out, in substance, that their claim of title, and right of possession, was under a deed made by the collector of the county under a sale of the north half of the northwest quarter of said section for taxes for the years 1869, 1870 and 1871. They also .stated that they had paid…

2Cases cited4 opinions

  1. Crawford v. SpencerSupreme Court of Missouri · 1887
  2. Tipton v. RennerSupreme Court of Missouri · 1891
  3. State ex rel. Harber v. WearSupreme Court of Missouri · 1890
  4. State v. Van ZantSupreme Court of Missouri · 1880

3Cited by8 opinions

  1. Forbs v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1904
  2. Martin v. CastleSupreme Court of Missouri · 1904
  3. Stern, Lauer, Shohl & Co. v. FoltzSupreme Court of Missouri · 1899
  4. Quail v. LomasSupreme Court of Missouri · 1906
  5. Taft v. McCullockSupreme Court of Missouri · 1896

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