Missouri Real Estate & Loan Co. v. Gibson
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. Charles H. Mayer, Judge. The holder of a deed of trust is an owner within the meaning of this statute, Sec. 8711, R. S. 1909. MoreyEngineering Co. v. Ice Co., 242 Mo. 241, 259; Jaicks v. Oppenheimer, 264 Mo. 693-; Barnes Asphalt Co. v. Field, 174 Mo.
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Appeal from Buchanan Circuit Court. — Hon. Charles H. Mayer, Judge. The holder of a deed of trust is an owner within the meaning of this statute, Sec. 8711, R. S. 1909. MoreyEngineering Co. v. Ice Co., 242 Mo. 241, 259; Jaicks v. Oppenheimer, 264 Mo. 693-; Barnes Asphalt Co. v. Field, 174 Mo. App. 11. (1) While a proceeding to enforce the lien of a special tax hill is á proceeding in rem, yet there must he" a proper party before the court in order to confer jurisdiction and a necessary party in the action is the owner of the fee. Sec. 8711, R. S. 1909; Penkinson v. Meredith, 158 Mo. 463;…
1Opinion of the Court
This is a suit to enforce the lien of special tax-bills issued by the City of St. Joseph for street improvements. The petition, naming Mary J. Gibson and Buchanan County as defendants, was filed January 31, 1916. Summons issued in due course to both, but was served on Buchanan County only. At the time the suit was instituted Mary J. Gibson was dead, and when this fact was discovered by plaintiff the lien of the special tax-bills had expired by limitation against all persons not then made parties to the suit. At the time of her death said Mary J. Gibson was the sole record owner of the…
2Cases cited8 opinions
- Stafford v. FizerSupreme Court of Missouri · 1884
- Gitchell v. KreidlerSupreme Court of Missouri · 1884
- Lipscomb v. TalbottSupreme Court of Missouri · 1912
- Allen v. McCabeSupreme Court of Missouri · 1887
- Dickerson v. BridgesSupreme Court of Missouri · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- R. L. Sweet Lumber Co. v. E. L. Lane, Inc.Supreme Court of Missouri · 1974
- Lucas v. MurphySupreme Court of Missouri · 1941
- Hill v. FavourArizona Supreme Court · 1938
- Prudential Insurance v. German Mutual Life Insurance Ass'nMissouri Court of Appeals · 1933
- Fincher v. Miles Homes of Missouri, Inc.Supreme Court of Missouri · 1977
18 more not listed; retrieve them via the Exa API.