Legal Opinion

Kohle v. Hobson

Supreme Court of Missouri

Decided December 15, 1908PublishedCited by 8 opinions

Appeal from Jackson Circuit Court. — Eon. Edward P. Gates, Judge. (1) There was nothing to preclude defendant from acquiring a valid tax title to plaintiff’s interest in the property. The taxes were assessed and became due during the life of Mrs. Kohle. There was no obligation, legal, moral or otherwise, resting on defendant to pay these taxes. "When defendant acquired his tax title he was not in possession of the premises.

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Appeal from Jackson Circuit Court. — Eon. Edward P. Gates, Judge. (1) There was nothing to preclude defendant from acquiring a valid tax title to plaintiff’s interest in the property. The taxes were assessed and became due during the life of Mrs. Kohle. There was no obligation, legal, moral or otherwise, resting on defendant to pay these taxes. "When defendant acquired his tax title he was not in possession of the premises. Mr. Kohle, the life tenant, was in possession enjoying the rents and profits thereof. There was no relation of trust and confidence between plaintiff and defendant. Where…

1Opinion of the CourtBurgess, J.

This is a suit to determine the title to an undivided one-eighth interest in the north twenty-five feet of lot 11, block 8, in Merriam Place addition to Kansas City, Missouri.

The facts are as follows: Mrs. Winnefred Kohle, owner and in possession of the premises in controversy, died on April 26, 1891, intestate, leaving eight children as her only heirs, the plaintiff being one of the *217heirs, and the wife of defendant being also one of the heirs. The decedent’s husband, George Kohle, who survived her, was left in possession of the property, holding the life estate by curtesy.

The defendant…

2Cases cited3 opinions

  1. Hall v. FrenchSupreme Court of Missouri · 1901
  2. Allen v. DegroodtSupreme Court of Missouri · 1891
  3. Lomax v. GindeleIllinois Supreme Court · 1886

3Cited by8 opinions

  1. State Ex Rel. City of St. Louis v. BaumannSupreme Court of Missouri · 1941
  2. Gilliam v. GohnSupreme Court of Missouri · 1957
  3. Willis v. RobinsonSupreme Court of Missouri · 1922
  4. Hobson v. ElmerSupreme Court of Missouri · 1942
  5. Becker v. BeckerSupreme Court of Missouri · 1914

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