Schmidt v. Niemeyer
Supreme Court of Missouri
Error to St. Louis City Circuit Court.—Hon, A. M. Thayer, Judge. This is an action of ejectment. It is conceded that plaintiffs’ title would prevail but for the interference of a sheriff’s deed made under execution in a back-tax suit, which forms the basis of defendant’s claim. Plaintiffs question the validity of the proceedings in the tax suit. They made a successful motion in the trial court to set aside the judgment therein.
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Error to St. Louis City Circuit Court.—Hon, A. M. Thayer, Judge. This is an action of ejectment. It is conceded that plaintiffs’ title would prevail but for the interference of a sheriff’s deed made under execution in a back-tax suit, which forms the basis of defendant’s claim. Plaintiffs question the validity of the proceedings in the tax suit. They made a successful motion in the trial court to set aside the judgment therein. That motion was filed at a term long subsequent to the execution sale. Defendant’s grantor, who purchased at the sale, was a stranger to the record and, until then, to…
1Opinion of the Court
Barclay, J.—I.
The questions involved in this appeal have been determined by former decisions of the court.
It has been held that an order of publication, regularly made, cannot be attacked collaterally, as against an innocent purchaser thereunder, by showing that it was predicated on an untrue suggestion to the court. Payne v. Lott, 90 Mo. 676. In this case the basis of the order was the sheriff ’ s return that defendants could not be found. We see no sufficient reason for disturbing the ruling made in the opinion cited.
Practical hardships frequently arise in applying the rule that parties to…
2Cases cited3 opinions
- Jones v. DriskillSupreme Court of Missouri · 1887
- Payne v. LottSupreme Court of Missouri · 1886
- Allen v. RaySupreme Court of Missouri · 1888
3Cited by10 opinions
- Tooker v. LeakeSupreme Court of Missouri · 1898
- Sidwell v. KasterSupreme Court of Missouri · 1921
- Abington v. TownsendSupreme Court of Missouri · 1917
- Morrison v. TurnbaughSupreme Court of Missouri · 1905
- Skillman v. ClardySupreme Court of Missouri · 1914
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