Pitkin v. Shacklett
Supreme Court of Missouri
Appeal from Scotland- Circuit Court. — Hon. B. E! Turner, Judge. (1) The assessments under which the sale was made must have been against the record owner or the proceedings would be void.
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Appeal from Scotland- Circuit Court. — Hon. B. E! Turner, Judge. (1) The assessments under which the sale was made must have been against the record owner or the proceedings would be void. Abbott v. Lindenbower, 42 Mo. 162; Gaines v. Fender, 82 Mo. 497; State exrel. v. ■Bailroad, 82 Mo. 683; Hubbard v. Gilpin, 57 Mo. 441. (2) The fact that the supreme court reversed the case because of the error of the lower court in the rejection of testimony, would not have the effect to preclude the lower court from investigating as to the validity of the proceedings. Hamilton v. Marks, 53 Mo. 167; Gnrnly…
1Opinion of the CourtMacfarlane, J.
This is a second appeal ik, this case. The opinion in the former appeal is reported, in the 106 Mo. on page 574. The judgment was the'n reversed and the cause remanded with directions to the\ circuit court to enter judgment in favor of plaintiffs for the proper proportion of the amount paid by the purchaser at tax sale for the whole tract, subsequent taxes paid by plaintiff or the purchaser with penalties and interest as provided by section 219, page 1206, 2 Wagner’s Statutes. The amount for which the land was sold at tax sale, and the amount of subsequent taxes paid, with dates . of payment,…
2Cases cited2 opinions
- Stump v. HornbackSupreme Court of Missouri · 1891
- Hickman v. LinkSupreme Court of Missouri · 1893
3Cited by4 opinions
- Fenn v. Ware & OwensSupreme Court of Georgia · 1897
- State ex rel. Williams v. AnthonyMissouri Court of Appeals · 1896
- McClure v. National Bank of CommerceSupreme Court of Missouri · 1914
- Levy v. Dunken Realty Co.Court of Appeals of Texas · 1915