Simmons v. Affolter
Supreme Court of Missouri
Appeal from Phelps Circuit Court. — Hon. L. B. Woodside, Judge. (1) The tax deed is void because the judgment on which it is based does not describe the land, and only uses for description the characters S2 SWá and section, township and range, and does not state quantity of land. R. S. 1889, sec. 7683. (2) Levy of execution on July 4th is void and renders tax deed void. R. S. 1889, sec. 8952; Decker v. Railroad, 92 Mo.
Read the full summary
Appeal from Phelps Circuit Court. — Hon. L. B. Woodside, Judge. (1) The tax deed is void because the judgment on which it is based does not describe the land, and only uses for description the characters S2 SWá and section, township and range, and does not state quantity of land. R. S. 1889, sec. 7683. (2) Levy of execution on July 4th is void and renders tax deed void. R. S. 1889, sec. 8952; Decker v. Railroad, 92 Mo. App. 52; Lynch v. Donnell, 104 Mo. 529. (3) The tax judgment is void for using S2 SW& as description, because such attempt at description is void in itself and does not conform…
1Opinion of the CourtWoodson, P. J.
This suit was instituted in the circuit court of Phelps county, under old section 650, Revised Statutes 1899, to ascertain and determine the title to certain real estate described in the petition.
The defendant Affolter, though duly served by publication, defaulted, and defendant Cowan answered, claiming title to the land, and joined in the prayer that the court, under said section 650, ascertain and adjudge the rights and interests of the parties to the land. A trial was had which resulted in a decree in favor of defendant Cowan, and the plaintiff duly appealed the cause to this court.
The…
2Cases cited9 opinions
- Stewart v. SeveranceSupreme Court of Missouri · 1869
- Bray v. MarshallSupreme Court of Missouri · 1882
- State ex rel. Wyatt v. VaileSupreme Court of Missouri · 1894
- Duncan v. MatneySupreme Court of Missouri · 1860
- Carson v. WalkerSupreme Court of Missouri · 1852
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Cech v. Mallinckrodt Chemical Co.Supreme Court of Missouri · 1929
- McConnon Company v. KuhlmannMissouri Court of Appeals · 1926
- Akins v. AdamsSupreme Court of Missouri · 1914
- Stadium West Properties, L.L.C. v. JohnsonMissouri Court of Appeals · 2004
- Buhler Mill & Elevator Co. v. JollyMissouri Court of Appeals · 1924
1 more not listed; retrieve them via the Exa API.