Winnegar v. Coates
Missouri Court of Appeals
Appeal from Putnam Circuit Court. — Hon. George W. Wwinemaker, Judge. (1) The Batterton deed to Samuel Winnegar is the common source of title. Samuel Winnegar’s interest was attempted to he conveyed by Wade, sheriff, for delinquent taxes to E. D. Harvey. This deed is absolutely void.
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Appeal from Putnam Circuit Court. — Hon. George W. Wwinemaker, Judge. (1) The Batterton deed to Samuel Winnegar is the common source of title. Samuel Winnegar’s interest was attempted to he conveyed by Wade, sheriff, for delinquent taxes to E. D. Harvey. This deed is absolutely void. Guffey v. O’Reiley, 88 Mo. 424; R. S. 1899, sec. 9304; Peak v. Laughlin, 49 Mo. 162; Simonson v. Dolan, 114 Mo. 176; Whelen v. Weaver, 93 M'o. 430; Graton v. Land & Lumber Co., 189 Mo. 338. (2) The judgment should have been arrested on motion in arrest by defendant, administrator. Plaintiff has no interest in the…
1Opinion of the CourtEllison, J.
This action was instituted to recover the balance of a fund arising on the sale of some real estate by an administrator. The judgment in the trial court was for the plaintiff.
The principal facts out of which the controversy arose will be found stated in 118 Mo. App. 445. It appears that plaintiff was the husband of defendant’s intestate and that he was the owner of forty acres of land upon which he and deceased lived as a homestead. That plaintiff and deceased separated, he going to a distant county and she remaining on the land. The land was sold for unpaid taxes and one Bowen became the…
2Cases cited1 opinion
- In re Winnegar's EstateMissouri Court of Appeals · 1906