Williams v. Hudson
Supreme Court of Missouri
Appeal from 81. Louis Oily Circuit Court. — Hon, Amos M. Thayer, Judge. (1) A void judgment can cast no cloud upon title nor can a sheriff’s deed thereunder. Hence, if the tax-judgment, sale and deeds complained of are void, as in the bill alleged, plaintiffs were not entitled to a decree. Holland x. Johnson, 80 Mo. 34-39 ; Railroad x. Reynolds, 89 Mo. 146; Janey x.
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Appeal from 81. Louis Oily Circuit Court. — Hon, Amos M. Thayer, Judge. (1) A void judgment can cast no cloud upon title nor can a sheriff’s deed thereunder. Hence, if the tax-judgment, sale and deeds complained of are void, as in the bill alleged, plaintiffs were not entitled to a decree. Holland x. Johnson, 80 Mo. 34-39 ; Railroad x. Reynolds, 89 Mo. 146; Janey x. Spedden, 38 Mo. 396. (2) Where one or more defendants, against whom a judgment has been rendered, were dead at the beginning of the suit, the judgment is valid as to the living, though void as against the dead, and possibly…
1Opinion of the CourtBlack, J.
This was a suit in equity to remove a cloud from the plaintiffs’ title to the described premises.
The evidenceMiscloses the following facts : On the second of October, 1871, 'John F. O’Brien, being the owner of the property in question, conveyed the same to Luther Babcock in trust to secure a note of two thousand dollars, payable to Alexis O. Bougher, and two notes of four hundred dollars each, payable to John Crapster. John F. O’Brien died testate,, and John O’Brien and Michael O’Brien are the devisees of the property. Thereafter, and in May, 1881, a suit was commenced in the St. Louis…
2Cases cited5 opinions
- Freeman v. ThompsonSupreme Court of Missouri · 1873
- Stafford v. FizerSupreme Court of Missouri · 1884
- Bollinger v. ChouteauSupreme Court of Missouri · 1854
- Lenox v. ClarkeSupreme Court of Missouri · 1873
- Corrigan v. BellSupreme Court of Missouri · 1880
3Cited by30 opinions
- State ex rel. Potter v. RileySupreme Court of Missouri · 1909
- State ex rel. Ozark County v. TateSupreme Court of Missouri · 1891
- Morey Engineering & Construction Co. v. St. Louis Artificial Ice Rink Co.Supreme Court of Missouri · 1912
- Neenan v. City of St. JosephSupreme Court of Missouri · 1894
- Jaicks v. SullivanSupreme Court of Missouri · 1895
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