Dunnington v. Hudson
Supreme Court of Missouri
Appeal from Benton Circuit Court. — Hon. G. A. Den-ton, Judge. (1) The sheriff’s tax,deed, which is the foundation of defendants’ title, did not convey any title, because the judgment was not against the owner of the land, and the trial court found that the proceedings resulting in the tax deed, which is the foundation of plaintiff’s title, were regular.
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Appeal from Benton Circuit Court. — Hon. G. A. Den-ton, Judge. (1) The sheriff’s tax,deed, which is the foundation of defendants’ title, did not convey any title, because the judgment was not against the owner of the land, and the trial court found that the proceedings resulting in the tax deed, which is the foundation of plaintiff’s title, were regular. Graves v. Ewart, 99 Mo. 17; Schulenburg v. Hayden, 146 Mo. 597. And, therefore, defendant was never at any time in the “lawful possession” of the land1 as required by Sec. 4268, R. S. 1899-, but was a trespasser. (2) The right of plaintiff…
1Opinion of the CourtGraves, J.
By the first count of his petition the plaintiff sues in ejectment for the possession of eighty acres of land in. Benton county, in said petition particularly described. By a second count he asks the court to declare title as provided by section 650', Revised Statutes 1899.
Defendants answer each count separately. Answering the first count they first plead by way of general denial. Further answering said first count they plead that they are in the possession of said premises and went into the possession thereof in 1897 under a deed from Annie M. Boeschen and N. B. Petts to Mary M. Hudson, and…
2Cases cited7 opinions
- Fugate v. PierceSupreme Court of Missouri · 1872
- Hamilton v. BoggessSupreme Court of Missouri · 1876
- DeHatre v. EdmondsSupreme Court of Missouri · 1906
- Dillinger v. KelleySupreme Court of Missouri · 1884
- Mansfield v. PollockSupreme Court of Missouri · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- McGrail v. FieldsNew Mexico Supreme Court · 1949
- Byrd v. HallCourt of Appeals for the Eighth Circuit · 1915
- Miller v. CorpmanSupreme Court of Missouri · 1923
- Jodd v. MehrtensSupreme Court of Missouri · 1914
- Robertson v. MauzeyMissouri Court of Appeals · 2017