Legal Opinion

Clyburn v. McLaughlin

Supreme Court of Missouri

Decided October 15, 1891PublishedCited by 15 opinions

Appeal from Vernon Circuit Court. — Hon. H. P. Stratton, Judge. The party to be estopped must have known his rights. Burle v. Aclams, 80 Mo. 504. And from the evidence in this case it clearly appears that, when Wm.

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Appeal from Vernon Circuit Court. — Hon. H. P. Stratton, Judge. The party to be estopped must have known his rights. Burle v. Aclams, 80 Mo. 504. And from the evidence in this case it clearly appears that, when Wm. Clyburn accepted the balance of the purchase money resulting from the tax sale, he did not know his rights in the premises; for he only accepted the money after an unsuccessful effort to compromise with the parties holding the tax deed, and while believing that they had acquired the title to his land. Joseph Clyburn did no act upon his part to create an estoppel as against him, as…

1Opinion of the CourtMacfarlane, J.

This is a suit in the usual form of ejectment to recover possession of two forty-acre tracts of land in Yernon county. The answer was a general denial, estoppel and laches in commencing this suit.

In the plea of estoppel it is alleged, in substance, that the land in controversy was sold in May, 1880, upon execution, under a judgment of the circuit court of Yernon county against plaintiffs for delinquent taxes, and purchased by S. A. Wight, and that defendants are in possession, and claim title under mesne conveyances from him; that under the sheriff’s sale there was a surplus of $76.81 after…

2Cases cited5 opinions

  1. Nanson v. JacobSupreme Court of Missouri · 1887
  2. Austin v. LoringSupreme Court of Missouri · 1876
  3. Allen v. LoganSupreme Court of Missouri · 1888
  4. Schuster v. SchusterSupreme Court of Missouri · 1887
  5. Chase v. WilliamsSupreme Court of Missouri · 1881

3Cited by15 opinions

  1. Cochran v. ThomasSupreme Court of Missouri · 1895
  2. Hector v. MannSupreme Court of Missouri · 1910
  3. Fischer v. SiekmannSupreme Court of Missouri · 1894
  4. Lawson v. St. Louis-San Francisco Railway Co.Missouri Court of Appeals · 1982
  5. Lawson v. CunninghamSupreme Court of Missouri · 1918

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