Skillman v. Clardy
Supreme Court of Missouri
Appeal from Butler Circuit Court. — Hon. Jesse G. Sheppard, Judge. (1) The court erred in holding that the petition in the suit for back taxes,, and which led up to the making of the sheriff’s deed to Jones and Weber, stated facts sufficient to constitute a cause of action, or in any essential respect complied with the requirements of the law. (a) The action must be prosecuted against the owner of the property.
Read the full summary
Appeal from Butler Circuit Court. — Hon. Jesse G. Sheppard, Judge. (1) The court erred in holding that the petition in the suit for back taxes,, and which led up to the making of the sheriff’s deed to Jones and Weber, stated facts sufficient to constitute a cause of action, or in any essential respect complied with the requirements of the law. (a) The action must be prosecuted against the owner of the property. Sec. 7682, R. S. 1889. (b) The petition does not state who was the owner of the land; nor does it state that the defendants or either of them were the record owners, and if not record…
1Opinion of the CourtLamm, J.
— From a judgment of the Butler Circuit Court in favor of defendant, quieting title in him to a quarter section of land, plaintiffs appeal.
The petition reads :
“Plaintiffs state that Samuel E. Hamilton died intestate in the year 1875, seized in fee of the real estate hereinafter described; that the plaintiffs are the sole surviving and legal heirs of Samuel E. Hamilton, deceased; and that by inheritance, as such legal heirs of Samuel E. Hamilton, deceased, they are the owners, in fee simple, and claim title to the following real estate, lying, being and situate in the county of Stoddard, in…
2Cases cited15 opinions
- Kane v. McCownSupreme Court of Missouri · 1874
- Jones v. DriskillSupreme Court of Missouri · 1887
- Boyd v. EllisSupreme Court of Missouri · 1891
- Huff v. Laclede Land & Improvement Co.Supreme Court of Missouri · 1900
- Cummings v. BrownSupreme Court of Missouri · 1904
10 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Wilcox v. PhillipsSupreme Court of Missouri · 1914
- Kilbourn v. KilbournSupreme Court of Missouri · 1945
- Houston v. WilhiteMissouri Court of Appeals · 1930
- Stock v. SchlomanMissouri Court of Appeals · 1930
- Kirkwood Realty, Insurance & Adjustment v. HenrySupreme Court of Missouri · 1942
2 more not listed; retrieve them via the Exa API.