Rubey v. Huntsman
Supreme Court of Missouri
Appeal from Randolph Circuit Court. I. It was not necessary that the sale should have taken place before the courthouse door to make the tax deed good. The evidence shows that the sale was made at the courthouse, which is in accordance with the notice. The sale being made publicly, near the door, within full view of and within hearing distonce of the door, was a substantial compliance with the law; and the rights of the parties could not have been affected thereby. II.
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Appeal from Randolph Circuit Court. I. It was not necessary that the sale should have taken place before the courthouse door to make the tax deed good. The evidence shows that the sale was made at the courthouse, which is in accordance with the notice. The sale being made publicly, near the door, within full view of and within hearing distonce of the door, was a substantial compliance with the law; and the rights of the parties could not have been affected thereby. II. A recital of the place of sale is not required to be inserted in the deed; therefore, the recital in the tax deeds that the…
1Opinion of the CourtBates, Judge
This is a suit for damages for trespass to land, apparently prosecuted and defended for the purpose of trying the title to the land, both parties claiming title. Judgment was given for the plaintiff. The plaintiff having shown a prima facie case of title, the defendant set up a title under a tax sale, and the plaintiff gave evidence tending to impeach the validity of that tax title. The defendant, to show his title, gave in evidence a deed made to him by the register of lands, dated the 11th day of February, 1857, and which was filed for record on March 2,1857. That deed recited the sale made…
2Cases cited3 opinions
- Reeds v. MortonSupreme Court of Missouri · 1846
- Donohoe v. VealSupreme Court of Missouri · 1854
- State ex rel. Donohoe v. RichardsonSupreme Court of Missouri · 1855
3Cited by4 opinions
- Hrovat v. BinghamMissouri Court of Appeals · 1960
- Harpold v. ArantOregon Supreme Court · 1913
- Collins v. WrightMississippi Supreme Court · 1945
- McNair v. JensonSupreme Court of Missouri · 1863