Williams v. McLanahan
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. G. Porter, Judge. It is competent for the Legislature to make a conveyance of laud sold for taxes, prima facie evidence that everything has been done that is required by the statute in the proceeding upon which the sale is based, and prescribe the form of the deed; and the burden of proof is the i shifted to the defendant, to show a want of conformity to the law in' such proceedings.
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Appeal from Audrain Circuit Court. — Hon. G. Porter, Judge. It is competent for the Legislature to make a conveyance of laud sold for taxes, prima facie evidence that everything has been done that is required by the statute in the proceeding upon which the sale is based, and prescribe the form of the deed; and the burden of proof is the i shifted to the defendant, to show a want of conformity to the law in' such proceedings. Abbott v. Lindenbower, 46 Mo. 293; City of St. Louis v. Oeters, 36 Mo. 463; State v. Mantz, 62 Mo. 262; Cooley Con. Lim. 288, 367; Sedgwick Con. St. 306; Cooley on…
1Opinion of the CourtNorton, J.
— This is an ejectment suit, instituted in the circuit court of Audrain county, for the recovery of the possession of lots 28, 29, 30, 31 and 32 in the town of Mexico. The answer admitted possession, but denied that plaintiffs were the owners of, or entitled to, the possession of said lots. Upon trial, judgment was rendered for the defendants, from which the plaintiffs have appealed to this court. Plaintiffs offered in evidence, in support of their title, a tax deed executed by the collector of.Audrain county, purporting to convey the lots in controversy to them. To the introduction of this…
2Cases cited1 opinion
- Wilhite v. WilhiteSupreme Court of Missouri · 1873
3Cited by8 opinions
- Matthews v. BlakeWyoming Supreme Court · 1907
- Pitkin v. ReibelSupreme Court of Missouri · 1891
- Klorner v. NunnSupreme Court of Missouri · 1958
- Heppler v. EstherMissouri Court of Appeals · 1976
- Dunlap v. HenrySupreme Court of Missouri · 1882
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