Legal Opinion

Eminence Land & Mining Co. v. Current River Land & Cattle Co.

Supreme Court of Missouri

Decided March 15, 1905PublishedCited by 7 opinions

Appeal from Howell Circuit Court. — Hon. W. N. Evans, Judge. (1) The court erred in excluding from the evidence the sheriff’s tax deed to John C. Brown, comprising one link in plaintiff’s chain of title, thus forcing plaintiff to take a nonsuit. Secs. 570, 580, 629, R. S. 1899; Cochran v. Thomas, 131 Mo. 258; Green v. Reserve Assn., 79 Mo. App. 179; McGrew v. Railroad, 87 Mo. App. 250; Draper v. Bryson, 17 Mo. 71; Land v. Shippie, 57 Mo. 523; Atwood v. Atwood, 55 Mo.

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Appeal from Howell Circuit Court. — Hon. W. N. Evans, Judge. (1) The court erred in excluding from the evidence the sheriff’s tax deed to John C. Brown, comprising one link in plaintiff’s chain of title, thus forcing plaintiff to take a nonsuit. Secs. 570, 580, 629, R. S. 1899; Cochran v. Thomas, 131 Mo. 258; Green v. Reserve Assn., 79 Mo. App. 179; McGrew v. Railroad, 87 Mo. App. 250; Draper v. Bryson, 17 Mo. 71; Land v. Shippie, 57 Mo. 523; Atwood v. Atwood, 55 Mo. App. 370; Nevault v. School, 79 Mo. App. 198; Boyd v. Ellis, 107 Mo. 394. (2) Defendants’ objection to said tax deed is based…

1Opinion of the Court

VALLIANT, J. —

This is a suit under section 650, Revised Statutes 1899, to quiet title to certain land in Shannon county.

The plaintiff claims title through a sheriff’s deed under execution on a special judgment for taxes. The defendants hold the title of the defendants in the tax suit. At the trial the plaintiff offered the sheriff’s deed in evidence, but the defendants objected to it on the ground that the judgment on which it rested was invalid. The court, after hearing the evidence relating thereto, decided that the judgment was invalid and sustained the defendants’objection to the…

2Cases cited10 opinions

  1. Harness v. CravensSupreme Court of Missouri · 1894
  2. Williams v. HudsonSupreme Court of Missouri · 1887
  3. Draper v. BrysonSupreme Court of Missouri · 1852
  4. Boyd v. EllisSupreme Court of Missouri · 1891
  5. Quigley v. Mexico Southern BankSupreme Court of Missouri · 1883

5 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Stanton v. ThompsonSupreme Court of Missouri · 1911
  2. Chilton v. NickeySupreme Court of Missouri · 1914
  3. Delta Realty Co. v. HunterSupreme Court of Missouri · 1941
  4. State ex rel. Pinkley v. YountMissouri Court of Appeals · 1914
  5. Lawrence v. MurphyUtah Supreme Court · 1915

2 more not listed; retrieve them via the Exa API.

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