Legal Opinion

Ewart v. Davis

Supreme Court of Missouri

Decided October 15, 1882PublishedCited by 7 opinions

Appeal from DeKalb Circuit Court.—Hon. Joseph P. Grubb, Judge. This was an action of ejectment for land in DeKalb county. Plaintiff claimed title through a tax deed, made in pursuance of a sale for the taxes of 1872. To show that this deed was invalid, the defendant gave in evidence the following: 1. The general record book of the county court, m which appeared the following entry : “ G. B. Atterberry, ex parte.

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Appeal from DeKalb Circuit Court.—Hon. Joseph P. Grubb, Judge. This was an action of ejectment for land in DeKalb county. Plaintiff claimed title through a tax deed, made in pursuance of a sale for the taxes of 1872. To show that this deed was invalid, the defendant gave in evidence the following: 1. The general record book of the county court, m which appeared the following entry : “ G. B. Atterberry, ex parte. Now, on this day comes G. B. Atterberry, collector of the State and county revenue within and for DeKalb county, Missouri, and presents here into court under oath a list of the lands…

1Opinion of the CourtSherwood, C. J.

It is altogether unnecessary to notice but one of the numerous points which have been discussed, i: tax sale. since that point is decisive of this case. It is this: Section 195 of the Revenue Law requires that the county clerk “ make a correct copy from the judgment record of the lands and lots against which judgment is rendered in any suit for taxes, interest and costs due thereon, with the description of the property, the amount due on each tract or lot, and the year or years for which *133the same is due, in the same order as said property may be set forth in the judgment book, and shall…

2Cases cited2 opinions

  1. Abbott v. LindenbowerSupreme Court of Missouri · 1868
  2. Gaskill v. AldrichIndiana Supreme Court · 1872

3Cited by7 opinions

  1. Bannon v. BurnesU.S. Circuit Court for the District of Western Missouri · 1889
  2. St. Louis & San Francisco Railway Co. v. AppersonSupreme Court of Missouri · 1888
  3. Spurlock v. DoughertySupreme Court of Missouri · 1883
  4. City Trust Co. v. CrockettSupreme Court of Missouri · 1925
  5. In re the StateMichigan Supreme Court · 1885

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