Brown v. Chaney
Supreme Court of Missouri
Appeal from Vernon Circuit Court. — Eon. B. G. Thurman, Judge. (1) A tax suit is a proceeding practically in rem and the petition is the foundation, and it must contain a full and accurate description of the real estate to be charged. The revenue law authorizes abbreviations in assessments, but not in the tax petition. O’Day v. McDaniel, 181 Mo. 5291. (2) Inadequacy of price, coupled with irregularities in the proceedings, will authorize the setting aside of a judicial sale.
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Appeal from Vernon Circuit Court. — Eon. B. G. Thurman, Judge. (1) A tax suit is a proceeding practically in rem and the petition is the foundation, and it must contain a full and accurate description of the real estate to be charged. The revenue law authorizes abbreviations in assessments, but not in the tax petition. O’Day v. McDaniel, 181 Mo. 5291. (2) Inadequacy of price, coupled with irregularities in the proceedings, will authorize the setting aside of a judicial sale. State ex rel. v. Elliott, 114 Mo. App. 562. (3) The consideration named in a deed is evidence as between the parties,…
1Opinion of the CourtWalker, P. J.
— This is an action to quiet title under section 2535, Revised Statutes 1909. Two separate* suits were brought to determine the title of the land described herein, and the issues being the same, they were consolidated and tried as one case, and will be so considered here.
The appellant resided in the city of Nevada, where he owned a large number of lots or tracts of land. He failed to pay the taxes on seventeen of these tracts for the year 1904, permitting the same to become delinquent, and in 1909 the treasurer of Vernon county, in which Nevada is located, under his authority as ex-officio…
2Cases cited11 opinions
- Mangold v. BaconSupreme Court of Missouri · 1911
- Collier v. Catherine Lead Co.Supreme Court of Missouri · 1907
- Dean v. Wabash RailroadSupreme Court of Missouri · 1910
- Milner v. ShipleySupreme Court of Missouri · 1887
- Vaughan v. DanielsSupreme Court of Missouri · 1889
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3Cited by6 opinions
- Kobey v. HerronSupreme Court of Colorado · 1939
- Van Graafieland v. WrightSupreme Court of Missouri · 1921
- Mason v. WhyteMissouri Court of Appeals · 1983
- Elsberry Drainage District v. SeerleySupreme Court of Missouri · 1932
- Barrie v. RansonMissouri Court of Appeals · 1932
1 more not listed; retrieve them via the Exa API.