Coombs v. Crabtree
Supreme Court of Missouri
Appeal from Barton Circuit Court. — Hon D. P. Stratton, Judge. • (1) The tax proceedings against Thomas Carr, on which respondent relies for title, are absolutely null and void. The circuit court of Barton county never acquired jurisdiction of the person of the defendant in the tax suit. The defendant was not personally served, and the order of publication issued against him was void.
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Appeal from Barton Circuit Court. — Hon D. P. Stratton, Judge. • (1) The tax proceedings against Thomas Carr, on which respondent relies for title, are absolutely null and void. The circuit court of Barton county never acquired jurisdiction of the person of the defendant in the tax suit. The defendant was not personally served, and the order of publication issued against him was void. To authorize the clerk of the court to issue an order of publication, the plaintiff must either allege the non-residence of the defendant in the petition, or he must file an affidavit stating that the defendant…
1Opinion of the CourtBrace, J.
This is an action in ejectment for a tract of land in Barton county, in which defendant *296obtained judgment, and the plaintiffs appeal. Thomas Carr is the common source of title.
It is conceded that plaintiffs are entitled to recover unless the title of said Carr was divested by virtue of two sheriff’s deeds of date twenty-sixth of April, 1879, from Dennis Springer, sheriff of said county, one to R. A. Ford and one to Gr. F. Burkhart, executed in pursuance of a sale under execution on a judgment in a suit for delinquent taxes, rendered by the circuit court for said county in favor of the state…
2Cases cited3 opinions
- Allen v. RaySupreme Court of Missouri · 1888
- Burnett v. McClueySupreme Court of Missouri · 1887
- Troyer v. WoodSupreme Court of Missouri · 1888
3Cited by6 opinions
- Pettis v. JohnstonSupreme Court of Oklahoma · 1920
- Keaton v. JorndtSupreme Court of Missouri · 1909
- Davidson v. Laclede Land & Improvement Co.Supreme Court of Missouri · 1913
- Sigwerth v. SigwerthMissouri Court of Appeals · 1957
- Frazier v. RadfordMissouri Court of Appeals · 1926
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