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.
The admitted facts are these : Defendant, in September, 1875, being owner in fee of the premises, executed a deed of trust in the nature of a mortgage to secure certain notes. There was a default in the payment of the notes ; and, by agreement, with the holder of them, defendant remained in possession as her tenant, paying rent to her, and, after her death, to her executor. The deed of trust was then foreclosed, and Mr. Holmes, on December 6, 1880, purchased at the foreclosure sale, and received a deed from the trustee. Defendant then attorned to Holmes, and was still in possession as tenant…
2Cases cited1 opinion
- Boyd v. JonesSupreme Court of Missouri · 1872