Davis v. Montgomery
Supreme Court of Missouri
Appeal from New Madrid Circuit Court. — Row. Henry G. Riley, Judge. (1) The circuit court erred in permitting respondent, over the objection of appellants, to introduce the files of the newspaper, the Weekly Record, in this collateral suit, to falsify and impeach the record of the tax judgment recital, “Defendant having been duly notified by publication of the nature and institution of this suit.” 1 Freeman on Judgments, see. 131, p. 236; Rumfelt v. O’Brien, 57 Mo. 569;…
Read the full summary
Appeal from New Madrid Circuit Court. — Row. Henry G. Riley, Judge. (1) The circuit court erred in permitting respondent, over the objection of appellants, to introduce the files of the newspaper, the Weekly Record, in this collateral suit, to falsify and impeach the record of the tax judgment recital, “Defendant having been duly notified by publication of the nature and institution of this suit.” 1 Freeman on Judgments, see. 131, p. 236; Rumfelt v. O’Brien, 57 Mo. 569; Dunham v. Wilfong, 69 Mo. 355; Sutton v. Cole, 155 Mo. 215; Atwood v. Atwood, 55 Mo. App. 370; Long v. Long, 141 Mo. 371; R.…
1Opinion of the CourtWoodson, J.
The plaintiff instituted this suit in the circuit court of New Madrid county. The petition states that plaintiff was the owner of certain lands described in the petition, and that defendants claimed some interest therein under and by virtue of a certain tax deed, which plaintiff alleged was void for want of proper service on the defendants, and prayed that the title and interest of all parties in and to said land be ascertained and determined by the court, as provided for by section 650, Revised Statutes 1899..
The answer was a general denial and a plea of the thirty-year Statute of…
2Cases cited8 opinions
- Harness v. CravensSupreme Court of Missouri · 1894
- Tooker v. LeakeSupreme Court of Missouri · 1898
- Sone ex rel. Road District No. 11 v. WallendorpSupreme Court of Missouri · 1905
- Williams v. MonroeSupreme Court of Missouri · 1894
- Eminence Land & Mining Co. v. Current River Land & Cattle Co.Supreme Court of Missouri · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State ex rel. Coleman v. BlairSupreme Court of Missouri · 1912
- Chilton v. NickeySupreme Court of Missouri · 1914
- Lawrence v. MurphyUtah Supreme Court · 1915
- Huiskamp v. MillerSupreme Court of Missouri · 1909