Legal Opinion

Wall v. Hanford

Missouri Court of Appeals

Decided April 4, 1910PublishedCited by 1 opinion

Appeal from Dent Circuit Court. — Hon. L. B. Wood-side, Judge. (1) Payment of taxes made by defendant and those under whom he claims title without the request of plaintiffs or promise to reimburse them are voluntary and cannot be recovered back. Napton v. Seaton, 71 Mo. 369; Cooley on Taxation, 467; Rowe v. C. R. L. & Co., 99 Mo. App. 164; Petring v. C. R. L. & Co., Ill Mo. App. 373; Brown v. Current R. L. & C. Co., 100 Mo.

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Appeal from Dent Circuit Court. — Hon. L. B. Wood-side, Judge. (1) Payment of taxes made by defendant and those under whom he claims title without the request of plaintiffs or promise to reimburse them are voluntary and cannot be recovered back. Napton v. Seaton, 71 Mo. 369; Cooley on Taxation, 467; Rowe v. C. R. L. & Co., 99 Mo. App. 164; Petring v. C. R. L. & Co., Ill Mo. App. 373; Brown v. Current R. L. & C. Co., 100 Mo. App. 75; Burkham ' v. Manewal, 195 Mo. 500; Carter v. Phillips, 49 Mo. App. 320; Hoarstick v. Gabriel, 200 Mo. 237; Manwaring v. Lumber Co., 200 Mo. 718. (2) Plaintiffs’…

1Opinion of the CourtGray, J.

The United States issued a patent September 1, 1859, to George P. Wetmore, to two hundred and eighty acres of land in Dent county, Missouri. Wetmore, on May 3, 1860, conveyed the land to James Devoy and Christy Wall. That deed was filed for record May 11, 1860, and duly recorded. On the 3d day of May, 1866, the records of deeds in Dent county were totally destroyed by fire, and this deed was again filed for record January 23, 1908.

George P. Wetmore, by will, dated, July 26, 1869, devised by general words all of his estate to his wife and three children. Subsequent to the making of this will…

2Cases cited8 opinions

  1. Capen v. GarrisonSupreme Court of Missouri · 1906
  2. Geer v. Missouri Lumber & Mining Co.Supreme Court of Missouri · 1896
  3. Burkham v. ManewalSupreme Court of Missouri · 1906
  4. Crane v. DameronSupreme Court of Missouri · 1889
  5. Petring v. Current River Land & Cattle Co.Missouri Court of Appeals · 1905

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3Cited by1 opinion

  1. Podesta v. Union Land Co.Missouri Court of Appeals · 1911

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