Myers v. McRay
Supreme Court of Missouri
Appeal from Vernon Circuit Court.—Hon. D. P. Steatton, Judge. No jurisdiction was ever acquired in the tax suit in question. The statute, Revised Statutes, 1889, section 2027, had not been complied with, hence there was no-basis for an order of publication, the petition in said case being unverified and containing none of the allegations required by said section.
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Appeal from Vernon Circuit Court.—Hon. D. P. Steatton, Judge. No jurisdiction was ever acquired in the tax suit in question. The statute, Revised Statutes, 1889, section 2027, had not been complied with, hence there was no-basis for an order of publication, the petition in said case being unverified and containing none of the allegations required by said section. State ex rel. v. Staley, 76 Mo. 160; Quigley v. Bank, 80 Mo. 297; Charles v. Morrow, 99 Mo. 646, and cases there cited. Since “the entire record in the tax suit” is in evidence here, no presumption can be indulged to the effect that…
1Opinion of the CourtBurgess, J.
This is an action of ejectment for the possession of the south half of lot 8 in block 1 in the city of Nevada, Vernon county. The petition is in the usual form. The answer is a general denial, except that it admits that defendants are in possession.
Plaintiff showed a regular chain of title from the United States Government in one Joseph F. Pond; his, Pond’s death, and conveyances by deed from his heirs to plaintiff.
Defendant introduced evidence tending to show that the lot was unoccupied in the year 1877, when S. S. Bigelow took actual possession of it; and that he, in 1879, traded it to one…
2Cases cited5 opinions
- Adams v. CowlesSupreme Court of Missouri · 1888
- Glass v. GelvinSupreme Court of Missouri · 1883
- Elting v. GouldSupreme Court of Missouri · 1888
- Charles v. MorrowSupreme Court of Missouri · 1889
- State ex rel. Petts v. StaleySupreme Court of Missouri · 1882
3Cited by10 opinions
- Hinkle v. LovelaceSupreme Court of Missouri · 1907
- Rochford v. BaileySupreme Court of Missouri · 1929
- Kerr, County Clerk v. State Ex Rel. WimbishSupreme Court of Oklahoma · 1912
- Kunzi v. HickmanSupreme Court of Missouri · 1912
- Reid, Murdock & Co. v. MercurioMissouri Court of Appeals · 1902
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