Legal Opinion

Childers v. Schantz

Supreme Court of Missouri

Decided February 19, 1894PublishedCited by 6 opinions

Error to Vernon Circuit Court. — Hon. D. P. Stratton, Judge. (1) The first declaration of law asked for by the plaintiff should have been given; the court had and acquired no power or jurisdiction in the tax proceedings, under Avhich the defendants hold, except by the order of publication, and that only notified the defendants in such tax proceedings of the petition then on file, and when the amended petition was filed it superseded the one of which they had notice and the…

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Error to Vernon Circuit Court. — Hon. D. P. Stratton, Judge. (1) The first declaration of law asked for by the plaintiff should have been given; the court had and acquired no power or jurisdiction in the tax proceedings, under Avhich the defendants hold, except by the order of publication, and that only notified the defendants in such tax proceedings of the petition then on file, and when the amended petition was filed it superseded the one of which they had notice and the court could not proceed further without again serving them with process. R. S. 1889, secs. 2107, 2108; Ward v. Davidson,…

1Opinion of the CourtBlack, P. J.

This was an action of ejectment for one hundred and sixty acres of land in Vernon county. James H. Godsey owned the land at the time of his *309death. He died in 1862, leaving a widow, Elizabeth, and two sons, namely, William E. and James H. G-odsey. The widow married John Banner. She and Banner and the two sons conveyed the lands to the plaintiff in this suit by a quitclaim deed dated the fourth of February, 1888.

The defendants for title rely upon the following proceedings. and deed: In 1880 the collector commenced a suit against William G-odsey, Elizabeth Banner and John Banner her husband, and…

2Cases cited8 opinions

  1. Blackwood v. Van VleitMichigan Supreme Court · 1874
  2. Janney v. SpeddenSupreme Court of Missouri · 1866
  3. Graves v. EwartSupreme Court of Missouri · 1889
  4. Lenox v. ClarkeSupreme Court of Missouri · 1873
  5. Lybrand v. HaneyWisconsin Supreme Court · 1872

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

3Cited by6 opinions

  1. McCune v. GoodwillieSupreme Court of Missouri · 1907
  2. Cole v. Parker-Washington Co.Supreme Court of Missouri · 1918
  3. Burkham v. ManewalSupreme Court of Missouri · 1906
  4. Topliff v. RichardsonNebraska Supreme Court · 1906
  5. Wolf v. BrownSupreme Court of Missouri · 1898

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

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