Legal Opinion

Kellogg v. Moore

Supreme Court of Missouri

Decided June 1, 1917PublishedCited by 16 opinions

Appeal from Reynolds Circuit Court. — Now. E. M. Bearing, Judge. (1) The sheriff’s deed for delinquent taxes was effectual to convey the interest of Charles W. Tindall to the defendant’s grantor. There being no showing that the suit against Tindall was not instituted during his lifetime. the deed was effectual to pass title notwithstanding the judgment was rendered after his death.

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Appeal from Reynolds Circuit Court. — Now. E. M. Bearing, Judge. (1) The sheriff’s deed for delinquent taxes was effectual to convey the interest of Charles W. Tindall to the defendant’s grantor. There being no showing that the suit against Tindall was not instituted during his lifetime. the deed was effectual to pass title notwithstanding the judgment was rendered after his death. State ex rel. v. Riley, 219 Mo. 687. (2) Even though the court may find that the record title to the premises in controversy is in the plaintiffs, still they should have been precluded and barred from recovering…

1Opinion of the CourtGraves, J.

Action to quiet title to a half section of land in Reynolds County. Petition in usual form under Section 2535, Revised Statutes 1909. The answer is, (1) general denial, (2) the ten-year Statute of Limitations, and (3) an allegation which seems to be double -in purpose, in that in a portion thereof it would appear that the thirty-year Statute of Limitations was invoked by the allegations made, but in the other portion an invocation of the doctrine of laches. Reply a general denial.

The plaintiffs are the widow and heirs at. law of Charles W. Tindall. The said Charles W. Tindall acquired title…

2Cited by16 opinions

  1. Hecker v. BleishSupreme Court of Missouri · 1928
  2. GM Morris Boat Co., Inc. v. BishopMissouri Court of Appeals · 1982
  3. State Ex Rel. Consolidated School District No. 2 of Pike County v. HaidSupreme Court of Missouri · 1931
  4. O'Leary v. Waterbury Title Co.Supreme Court of Connecticut · 1933
  5. Cullen v. JohnsonSupreme Court of Missouri · 1930

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