Mangold v. Bacon
Supreme Court of Missouri
Appeal from Butler Circuit Court. — Eon J. G. Sheppard, Judge. (1) The title of a purchaser under a judgment for back taxes cannot be defeated by showing that the taxes for which the judgment was rendered had been paid before the judgment was rendered.
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Appeal from Butler Circuit Court. — Eon J. G. Sheppard, Judge. (1) The title of a purchaser under a judgment for back taxes cannot be defeated by showing that the taxes for which the judgment was rendered had been paid before the judgment was rendered. Evarts v. Lumber Co., 198 Mo. 433; Hill v. Sherwood, 96 Mo. 125; Jones v. Driskill, 94 Mo. 190'; Gibbs v. Southern, 116 Mo. 204. (2) Plaintiff’s petition wholly failed to state a cause of action and was insufficient to support the judgment rendered. A judgment in a tax suit cannot be collaterally attacked by one who is a defendant in that suit…
1Dissent
DISSENTING- OPINION.
LAMM, J.
— I vote to affirm the decree, therefore dissent from the views of the majority of the court, speaking through my learned brother Graves. This because:
Mangold sues Bacon in equity to set aside a tax judgment and tax deed affecting the southeast quarter of the southwest quarter of section 2, township 23, range 5. A decree going in his favor, Bacon appeals.
The bill alleges, the proof shows and the chancellor finds, the land worth $1,000; that at a certain time Mangold (then owning it) sells to Ilcigan and wife; that the Hogans (paying $100 cash in hand) executed a…
2Cases cited22 opinions
- Schroeder v. YoungSupreme Court of the United States · 1896
- Harness v. CravensSupreme Court of Missouri · 1894
- Jones v. DriskillSupreme Court of Missouri · 1887
- Clyce v. AndersonSupreme Court of Missouri · 1871
- Davis v. McCannSupreme Court of Missouri · 1898
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