Corrigan v. Bell
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. S. H. Woodson, Judge. 1. Neither Glass, nor any one claiming under him, were made defendants, and they have a right to redeem from the purchaser at sale under the judgment on the tax bill. Olmstead v. Tarsney, 69 Mo. 399; Farwell v. Murphy, 2 Wis. 533; 1 Hilliard on Mort., p. 390, 391, 392; Ileim v. Vogel, 69 Mo. 529; Knowles v. Bablin, 20 Iowa 101. 2. The fact that Fisher was made defendant will not defeat defendants’ rights.
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Appeal from Jackson Circuit Court. — Hon. S. H. Woodson, Judge. 1. Neither Glass, nor any one claiming under him, were made defendants, and they have a right to redeem from the purchaser at sale under the judgment on the tax bill. Olmstead v. Tarsney, 69 Mo. 399; Farwell v. Murphy, 2 Wis. 533; 1 Hilliard on Mort., p. 390, 391, 392; Ileim v. Vogel, 69 Mo. 529; Knowles v. Bablin, 20 Iowa 101. 2. The fact that Fisher was made defendant will not defeat defendants’ rights. Where the trustee in a deed of trust sells the property, he is, no doubt, the proper party to collect the purchase money, but…
1Opinion of the CourtNorton, J.
This is an action of ejectment to recover possession of lot 27, block 26, West Kansas addition to the City of Kansas. The answer of defendant Bell is a general denial. The answer of defendants Smith and Nellie Smith, his wife, sets up an equitable defense. This answer was demurred to and the demurrer sustained, and the action of the court in this respect is the chief ground relied upon for a reversal of the judgment. The demurrer to the an-' swer admitted the following facts set up in the answer, viz : that plaintiff’s title to the property in question is derived through a sale thereof made…
2Cases cited4 opinions
- Bartlett v. . JuddNew York Court of Appeals · 1860
- Lincoln v. RoweSupreme Court of Missouri · 1876
- Olmstead v. TarsneySupreme Court of Missouri · 1879
- Barker v. CircleSupreme Court of Missouri · 1875
3Cited by12 opinions
- Stafford v. FizerSupreme Court of Missouri · 1884
- Gitchell v. KreidlerSupreme Court of Missouri · 1884
- Williams v. HudsonSupreme Court of Missouri · 1887
- Jaicks v. SullivanSupreme Court of Missouri · 1895
- Blevins v. SmithSupreme Court of Missouri · 1891
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