Carter v. Phillips
Missouri Court of Appeals
Appeal from the Carter Circuit Court. — Hon. John Gh Wear, Judge. (1) The court erred in sustaining the defendant’s demurrer to the plaintiff’s petition. The petition stated a cause of action against the defendant, which entitled him to a recovery.
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Appeal from the Carter Circuit Court. — Hon. John Gh Wear, Judge. (1) The court erred in sustaining the defendant’s demurrer to the plaintiff’s petition. The petition stated a cause of action against the defendant, which entitled him to a recovery. R. S. 1889, sec. 7570; White v. Shell, 84 Mo. 569; Bingham v. Birmingham, 103 Mo. 345; Pitkin v. Beibel, 104 Mo. 505; Kemp v. Cossaart, 14 S. W. Rep. 465; Black on .Tax Titles, sec. 267; Cooley on Taxation, p. 374. (2) The court erred in holding, as it'must have done, that the doctrine of “caveat emptor” applied .to the sales of lands under a…
1Opinion of the CourtBiggs, J.
On October 11, 1887, the plaintiff became the purchaser of certain lands in Carter county,' which were on that day sold by the sheriff under an execution issued upon a judgment for the taxes assessed against the land for the year 1885. The legal title to the land, as it appeared from the records, was vested in Frederick Phillips, who was named as a party defendant in the tax suit, and publication was had against him.. The defendants are the heirs-at-law of Frederick Phillips, and, at the October term, 1890, of the circuit court of Carter county, they recovered from the plaintiff the…
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