Pearce v. Tittsworth
Supreme Court of Missouri
Appeal from Schuyler Circuit Court. — Hon. Andrew Ellison, Judge. (1) The recitals in the tax deed fail to show, a •compliance with the requirements of the statute. W. S., p, 1207, sec. 223. The deed nowhere recites a .sale to any one, nor does it state who issued the certificate of purchase, nor are its date or contents given, nor the substance of the order given- to Plines. These are fatal defects.
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Appeal from Schuyler Circuit Court. — Hon. Andrew Ellison, Judge. (1) The recitals in the tax deed fail to show, a •compliance with the requirements of the statute. W. S., p, 1207, sec. 223. The deed nowhere recites a .sale to any one, nor does it state who issued the certificate of purchase, nor are its date or contents given, nor the substance of the order given- to Plines. These are fatal defects. Wiliams v. McClanahan, 67 Mo. 499. (2) The collector must be held to a strict performance of ■every pre-requisite of the statute before the title of the citizen to the property can be taken away.…
1Opinion of the CourtRat, J.
This is an action of ejectment, brought January 10, 1881, in the circuit court of Schuyler county for one hundred acres of land in said county. Plaintiff showed a regular chain of title. Defendant claims title under a tax deed of forfeited lands to W. C. McBee, for taxes for 1872, executed and recorded December 6, 1876, and pleads the special statute of limitations under section 221, page 1207, Wagner Statutes.
The undisputed facts, as shown by the record, are: The land in controversy was entered in 1847 and 1852 by. Robert and John Fugate, who fenced the eighty acre *638tract in 1854 and put…
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