Atkison v. Dixon
Supreme Court of Missouri
Appeal from Cass Circuit Court. — Hon. Noah M< Gtvan, Judge. (1) Tlie tax deed should have been admitted in. evidence. (2) Appellant was not estopped, by anything he had don'e, from claiming title under the tax deed. Smith’s Lead. Cas. [6 Am.
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Appeal from Cass Circuit Court. — Hon. Noah M< Gtvan, Judge. (1) Tlie tax deed should have been admitted in. evidence. (2) Appellant was not estopped, by anything he had don'e, from claiming title under the tax deed. Smith’s Lead. Cas. [6 Am. Ed.] 712-13 ; Blight's Lessee v. Rochester, 7 Wheat. 585 ; Link •». Dorfer, 42 Wis. 392 ; Coulter v. Waddingham, 43 Mo. 269 ; Page v. Hill, 11 Mo. 149. (3) It was not proper for the court to try R. A. Atkison’s title to the lot, on his petition. If he-was in possession, having gone in pending suit and claiming adverse to both plaintiff and defendant, it…
1Opinion of the CourtHenry, C. J.
This was originally á suit in ejectment in which John Atkison sued Lewis and Elizabeth Dixon for possession of the lot of ground in controversy. -On a trial,' plaintiff had judgment, which, on appeal to *467this court, was reversed and a judgment entered here investing the title in Mrs. Elizabeth Dixon. Pending the appeal, plaintiff had obtained possession of the premises, and after the mandate from this court to the circuit ■court, an execution was issued directing the sheriff to reinstate the defendants in the possession. This was executed on the fourteenth of August, 1882, and on the same day,…
2Cases cited2 opinions
- Blackwood v. Van VleitMichigan Supreme Court · 1874
- Smith v. PrettyWisconsin Supreme Court · 1868
3Cited by4 opinions
- Childers v. SchantzSupreme Court of Missouri · 1894
- McDonald v. KelsonSupreme Court of Kansas · 1908
- Atkison v. DixonSupreme Court of Missouri · 1888
- State ex rel. Planet Property & Financial Co. v. HarringtonMissouri Court of Appeals · 1890