Gritchell v. Kreidler
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Lindley, J. A proceeding to enforce the state’s lien for back taxes is not a proceeding in rem. — Rankin v. Chandler, 2 Brock. 125. The judgment in such a proceeding is binding only on the parties to the suit. — Hogan v. Smith, 11 Mo.
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Appeal from the St. Louis Circuit Court, Lindley, J. A proceeding to enforce the state’s lien for back taxes is not a proceeding in rem. — Rankin v. Chandler, 2 Brock. 125. The judgment in such a proceeding is binding only on the parties to the suit. — Hogan v. Smith, 11 Mo. App. 314. The beneficial owners must be made parties, and if not made so their interests will not pass under the execution sale. — Blackwell on Tax Tit. 631; Doyle v. Bank, 14 Ala. 622 ; Hopper v. Malleson, 16 N. J. Eq. 382. In a suit for back taxes the only necessary party is the owner of the property. — -Rev. Stats.,…
1Opinion of the CourtBakewell, J.
This was an action in ejectment, begun in May, 1880. The answer sets up that defendant, on September 1,1875, being owner in fee of the premises in question, executed a deed of trust upon them, his wife joining in the conveyance, to one Bertram as trustee, to secure to Barbara Staedler a negotiable promissory note for $1,100, payable to her order three years from the date of the deed of trust, and also the interest notes. This deed was duly recorded. Afterwards, Mrs. Staedler died, and Harter qualified as her executor. At the maturity of the note defendant did not pay it, but agreed with Mrs.…
2Cases cited7 opinions
- Jackson ex dem' Klein v. GrahamNew York Supreme Court · 1805
- Eitelgeorge v. Mutual House Building Ass'nSupreme Court of Missouri · 1878
- Jackson ex. dem. Stone v. ScottNew York Supreme Court · 1820
- Page v. HillSupreme Court of Missouri · 1847
- Hogan v. SmithMissouri Court of Appeals · 1881
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