Boatmen's Savings Bank v. Grewe
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Lindley, J. The law of 1877 for the collection of delinquent taxes provides for a proceeding in personam, and not in rem. — Rev. Stats., sects. 6836, 6837, 3465,3466, 3499,3500; Gritchell v. Kreidler, 12 Mo. App. 497 ; Hogan v. Smith, 11 Mo.
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Appeal from the St. Louis Circuit Court, Lindley, J. The law of 1877 for the collection of delinquent taxes provides for a proceeding in personam, and not in rem. — Rev. Stats., sects. 6836, 6837, 3465,3466, 3499,3500; Gritchell v. Kreidler, 12 Mo. App. 497 ; Hogan v. Smith, 11 Mo. App. 314; Waples on Proceedings in Rem, 3, 329, 343. In an action to enforce a lien upon specific property, all persons in interest must be joined as plaintiffs or defendants, or the interests of such persons are not affected. — Rev. Stats., sect. 3466; Bliss on Code PI., sect. 103 ; Powers v. Heath, 20 Mo. 321;…
1Opinion of the CourtBakewell, J.
This was ejectment for certain lands in the city of St. Louis. The cause was tried upon an agreed statement of facts. The finding and judgment were for defendant.
The facts agreed upon are as follows : —
Defendant is in possession. On June 1, 1876, one Mayfield owned the land in question, in fee, and conveyed the same to a trustee, to secure the payment of a negotiable promissory note which was duly assigned to plaintiff, who is the owner and holder of it for value. The deed of trust was duly foreclosed, and plaintiff purchased at the foreclosure sale, and received a deed from the trustee, on…
2Cases cited3 opinions
- Wellshear v. KelleySupreme Court of Missouri · 1879
- Gritchell v. KreidlerMissouri Court of Appeals · 1882
- Hogan v. SmithMissouri Court of Appeals · 1881
3Cited by1 opinion
- Gitchell v. MessmerMissouri Court of Appeals · 1883