Legal Opinion

Francis v. Grote

Missouri Court of Appeals

Decided November 20, 1883PublishedCited by 4 opinions

Appeal from the St. Louis Circuit Court, Adams, J. A tax sale of several lots in one proceeding is void. — Keene v. Barnes, 29 Mo. 377 ; State v. Richardson, 21 Mo. 420; Yankee's?. Thompson, 51 Mo. 234. If it appears that the law has not been strictly followed the tax deed conveys no title. — Donohoe v. Heidel, 33 Mo. 335; Dunlap v. Henry, 76 Mo. 106 ; Ewart v. Davis, 76 Mo. 129. If the deed on its face shows that the sale was void, the record can not give it a vitality…

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Appeal from the St. Louis Circuit Court, Adams, J. A tax sale of several lots in one proceeding is void. — Keene v. Barnes, 29 Mo. 377 ; State v. Richardson, 21 Mo. 420; Yankee's?. Thompson, 51 Mo. 234. If it appears that the law has not been strictly followed the tax deed conveys no title. — Donohoe v. Heidel, 33 Mo. 335; Dunlap v. Henry, 76 Mo. 106 ; Ewart v. Davis, 76 Mo. 129. If the deed on its face shows that the sale was void, the record can not give it a vitality which it did not in itself possess, and hence the special limitation provided for in sections 221 and 222 never went into…

1Opinion of the CourtBakewell, J.

This was ejectment for a lot in the city of St. Louis. The answer was a general denial; defendant further set up in his answer that he was rightfully in possession under a tax deed executed and delivered to him under the revenue law of 1872.

On the trial it was admitted that both parties claimed under the city of St. Louis. Plaintiff offered in evidence a deed from the city to him. Defendant offered the tax deed to him, dated July 29, 1875, recorded August 5, 1875. This was admitted against plaintiff’s objection. Defendant offered evidence tending to show that he had been in possession under…

2Cases cited5 opinions

  1. Den Ex Dem. Murray v. Hoboken Land & Improvement Co.Supreme Court of the United States · 1856
  2. Pillow v. RobertsSupreme Court of the United States · 1852
  3. Thomas v. StickleSupreme Court of Iowa · 1871
  4. Douglass v. TullockSupreme Court of Iowa · 1872
  5. Maxson v. HustonSupreme Court of Kansas · 1879

3Cited by4 opinions

  1. Ball v. Ridge Copper Co.Michigan Supreme Court · 1898
  2. Pettus v. City of St. LouisSupreme Court of Missouri · 1951
  3. United States v. Certain Land in Wayne County, Mo.District Court, E.D. Missouri · 1947
  4. Chauncey v. WassSupreme Court of Minnesota · 1885

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