Legal Opinion

O'Day v. McDaniel

Supreme Court of Missouri

Decided May 10, 1904PublishedCited by 8 opinions

Appeal from G-reene Circuit Court. — Ron. James T. Neville, Judge. (1) The tax deed to McDaniel is regular ou its face, contains all the essential recitals conferring jurisdiction; the property is completely and correctly described, and the legal title to same is thereby well vested in McDaniel, and said deed is not subject to attack in this collateral proceeding, unless the judgment upon which it is based is absolutely void.

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Appeal from G-reene Circuit Court. — Ron. James T. Neville, Judge. (1) The tax deed to McDaniel is regular ou its face, contains all the essential recitals conferring jurisdiction; the property is completely and correctly described, and the legal title to same is thereby well vested in McDaniel, and said deed is not subject to attack in this collateral proceeding, unless the judgment upon which it is based is absolutely void. "Wellshear v. Kelley, 69 Mo. 343; Gray v. Bowles, 74 Mo. 419; Smith v. Nelson, 110 Mo. 552; Brown v. Walker, 11 Mo. App. 233; Knoll v. Woelken, 13 Mo. App. 275. (2) The…

1Opinion of the CourtGantt, P. J.

This is a suit to quiet the title to the undivided half interest in lots 73, 74, and 75, West End Addition to the city of Springfield, Greene county, Missouri. The petition alleges that plaintiff is the owner of said interest in fee and that H. B. McDaniel, *532the defendant, makes some claim of title to said lots by virtue of a tax deed; that both plaintiff and defendant claim title through one James Reilly as a common source of title; that defendant has never been in possession of said lots and in fact has no interest therein.

The court is asked to ascertain and determine the estate of the…

2Cases cited2 opinions

  1. Milner v. ShipleySupreme Court of Missouri · 1887
  2. Vaughan v. DanielsSupreme Court of Missouri · 1889

3Cited by8 opinions

  1. Costello v. City of St. LouisSupreme Court of Missouri · 1953
  2. Akins v. AdamsSupreme Court of Missouri · 1914
  3. Stadium West Properties, L.L.C. v. JohnsonMissouri Court of Appeals · 2004
  4. Brown v. ChaneySupreme Court of Missouri · 1914
  5. Territory of Arizona v. Copper Queen Consolidated Mining Co.Arizona Supreme Court · 1910

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