Buxton v. Carter
Supreme Court of Missouri
APPEAL from Warren Circuit Court. 1. The provisions of the tax sale law, approved February 27th, 1843, so far as they tend to convert had titles into good titles, are unconstitutional, and when used in order to eject third parties from land, they should be considered voil. 2. The provision of said law making the sheriff’s deed prima facie evidence of title in the purchaser, is a violation of the principles of the constitution. 3. The lands sold under the said tax law in…
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APPEAL from Warren Circuit Court. 1. The provisions of the tax sale law, approved February 27th, 1843, so far as they tend to convert had titles into good titles, are unconstitutional, and when used in order to eject third parties from land, they should be considered voil. 2. The provision of said law making the sheriff’s deed prima facie evidence of title in the purchaser, is a violation of the principles of the constitution. 3. The lands sold under the said tax law in 1843, were not sales of lands for taxes, but were lands that had been previously either sold to the State for taxes or…
1Opinion of the CourtScott, J.
This was an action of ejectment brought by Carter against Buxton to recover possession of a tract of land situate in Warren county, in which Carter recovered judgment.
The declaration alledged that on the'5th day of September, 1843, Carter was entitled to the tract of land in controversy, and that, on the 10th of the same month, he was ejected by Buxton. The deed offered in evidence by Carter to show title in himself, was dated the 13th October, 1843. The reading of this deed to the jury was objected to on the ground that it did not show title in Carter before the day laid in the declaration.…
2Cases cited1 opinion
- Siglar v. Van RiperNew York Supreme Court · 1833
3Cited by2 opinions
- Norfleet v. RussellSupreme Court of Missouri · 1876
- Paul v. FriesSupreme Court of Florida · 1882