Allen v. McCabe
Supreme Court of Missouri
Error to St. Louis City Circuit Court. — IIon. W. EL Horner, Judge. (1) The taxes levied against the premises were a first or paramount lien thereon. 1 Herman on Mortgages [1 Ed.] sec. 407, p. 576 ; Stafford v. Fizer, 82 Mo. 393. (2) Catherine Schrader took the deed of trust, subject to the statutory lien for taxes due on the premises, or to become due, and she had the right, as holder thereof, to pay the prior lien for the taxes. 1 Herman on Mortgages [1 Ed.] sec. 407, p.…
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Error to St. Louis City Circuit Court. — IIon. W. EL Horner, Judge. (1) The taxes levied against the premises were a first or paramount lien thereon. 1 Herman on Mortgages [1 Ed.] sec. 407, p. 576 ; Stafford v. Fizer, 82 Mo. 393. (2) Catherine Schrader took the deed of trust, subject to the statutory lien for taxes due on the premises, or to become due, and she had the right, as holder thereof, to pay the prior lien for the taxes. 1 Herman on Mortgages [1 Ed.] sec. 407, p. 576. (3) The title acquired by plaintiff, under the execution sale for back taxes, is superior and must prevail, in an…
1Opinion of the CourtBrace, J.
This is an action of ejectment, instituted in the circuit court of the city of St. Louis, to recover possession of lot 10, in city block 688, in Peter Lind ell’s addition to the city of St. Louis, Defendant McCabe is the tenant of defendant Schrader. The case was tried by the court, without a jury, on an agreed statement of facts, from which it appears that, on the sixteenth of July, 1874, one Josiah Gr. McClellan, who was, at the-time, the owner, in fee-simple, of said lot, by his deed of that date, in which his wife joined, duly executed, acknowledged, and recorded, conveyed said lot to one…
2Cases cited4 opinions
- Stafford v. FizerSupreme Court of Missouri · 1884
- Gitchell v. KreidlerSupreme Court of Missouri · 1884
- Wellshear v. KelleySupreme Court of Missouri · 1879
- Cowell v. GraySupreme Court of Missouri · 1884
3Cited by28 opinions
- Spitcaufsky v. HattenSupreme Court of Missouri · 1944
- Morey Engineering & Construction Co. v. St. Louis Artificial Ice Rink Co.Supreme Court of Missouri · 1912
- Neenan v. City of St. JosephSupreme Court of Missouri · 1894
- Jones v. DriskillSupreme Court of Missouri · 1887
- Allen v. RaySupreme Court of Missouri · 1888
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