Hopkins v. Scott
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. T. A. Gill, Judge. (1) The failure to recite in the deed that the property was exposed to sale by the collector, “for the payment of taxes, interest and costs due and unpaid upon said real property,” is absolutely fatal to the efficacy of the deed, because it is only in such cases that the city collector had any authority whatever for selling the property at all.
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Appeal from Jackson Circuit Court. — Hon. T. A. Gill, Judge. (1) The failure to recite in the deed that the property was exposed to sale by the collector, “for the payment of taxes, interest and costs due and unpaid upon said real property,” is absolutely fatal to the efficacy of the deed, because it is only in such cases that the city collector had any authority whatever for selling the property at all. (2) The tax deed, authorized by the charter of the City of Kansas, must have in it the entire substance of the form therein prescribed, and the omission of any recital of fact, which recital…
1Opinion of the CourtNorton, J.
— This is an ejectment suit to recover possession of a certain lot in the City of Kansas, described in the petition, and on the trial of the cause defendant obtained judgment, from which plaintiffs have appealed. It is conceded that the title to the lot in question is in the plaintiffs, and that they are entitled to recover, unless their title has been divested by a certain tax deed, put in evidence, through which defendant claims, or unless their right of action was barred by limitation. It is contended by plaintiffs’ counsel that the tax deed, under which defendant claims title, is void…
2Cases cited10 opinions
- Grimm v. O'ConnellCalifornia Supreme Court · 1880
- Mason v. CrowderSupreme Court of Missouri · 1885
- Lagroue v. RainsSupreme Court of Missouri · 1871
- Large v. FisherSupreme Court of Missouri · 1872
- Lain v. CookWisconsin Supreme Court · 1862
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3Cited by19 opinions
- McCready v. SouthardMissouri Court of Appeals · 1984
- Costello v. City of St. LouisSupreme Court of Missouri · 1953
- Bannon v. BurnesU.S. Circuit Court for the District of Western Missouri · 1889
- Meriwether v. OverlySupreme Court of Missouri · 1910
- Bingham v. BirminghamSupreme Court of Missouri · 1890
14 more not listed; retrieve them via the Exa API.