Jones v. Driskill
Supreme Court of Missouri
' Appeal from Cedar Circuit Court. — Hon. C. Cf. Burton, Judge. (1) The judgment rendered in tlie tax proceeding was void. The sale thereunder conveyed no title, (a) The assessor’s book for 1869 was not verified. This was essential. Unless verified, as required by law, it was .altogether invalid, “and all subsequent proceedings based thereon equally worthless.” State ex rel. Cook, 82 Mo. Í85; State ex rel. v. Schooley, 84 Mo. 447. (5) This was jurisdictional.
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' Appeal from Cedar Circuit Court. — Hon. C. Cf. Burton, Judge. (1) The judgment rendered in tlie tax proceeding was void. The sale thereunder conveyed no title, (a) The assessor’s book for 1869 was not verified. This was essential. Unless verified, as required by law, it was .altogether invalid, “and all subsequent proceedings based thereon equally worthless.” State ex rel. Cook, 82 Mo. Í85; State ex rel. v. Schooley, 84 Mo. 447. (5) This was jurisdictional. Howard v. Heck, 88 Mo. 457; Pike v. Martindale, 91 Mo. 268. (c) The fact that .the judgment was in the circuit instead of the county…
1Opinion of the CourtBe age, J.
This is an action of ejectment in the usual form, to recover possession of the northeast quarter of the southeast quarter of section twenty-nine, and the northwest quarter of the southwest quarter of section twenty-eight, in township thirty-five, range twenty-seven, in Cedar county, Missouri, instituted against defendant, Driskill, who was in possession of the premises as tenant of defendant, Isaac W. Holland, who appeared, and, on motion, was made a party defendant to the suit. The plaintiff had judgment in the circuit court, from which defendants appeal.
Plaintiff claims title under a…
2Cases cited6 opinions
- Gray v. BowlesSupreme Court of Missouri · 1881
- Allen v. McCabeSupreme Court of Missouri · 1887
- Wellshear v. KelleySupreme Court of Missouri · 1879
- Hyatt v. WolfeMissouri Court of Appeals · 1886
- Brown v. WalkerSupreme Court of Missouri · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Kizer v. CaufieldWashington Supreme Court · 1897
- Jones v. ArnoldSupreme Court of Missouri · 1949
- Leonard v. SparksSupreme Court of Missouri · 1893
- Harness v. CravensSupreme Court of Missouri · 1894
- Allen v. RaySupreme Court of Missouri · 1888
28 more not listed; retrieve them via the Exa API.