Hines v. Felkins
Supreme Court of Missouri
Appeal from Texas Circuit Court. — Hon. L. B. Woodside, Judge. (1) Even a cursory reading of this record will demonstrate plaintiffs’ right to reformation and foreclosure as against Felkins and wife. But even if that were not true, Edwards could not object unless he acquired title under the tax suit. _ Therefore the validity of that tax suit is the sole question here for consideration.
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Appeal from Texas Circuit Court. — Hon. L. B. Woodside, Judge. (1) Even a cursory reading of this record will demonstrate plaintiffs’ right to reformation and foreclosure as against Felkins and wife. But even if that were not true, Edwards could not object unless he acquired title under the tax suit. _ Therefore the validity of that tax suit is the sole question here for consideration. (2) Again: if the tax judgment was without jurisdiction as to Felkins, the doctrine of innocent purchaser could not make it good as against plaintiffs. The doctrine of caveat emptor applies with its full force…
1Opinion of the Court
ELDER, J.-
This is a suit in equity to reform and foreclose a deed of trust on certain land in Texas County, Missouri.
The petition is in two counts. The first count alleges that on March 18, 1911, defendants Ed. Felkins and Millie Felkins, his wife, executed and delivered to plaintiff Florence O. Hines, their promissory note for $200, payable in one year, bearing interest from date at the rate of eight per cent per annum, and agreed to secure the same by a deed of trust on the south half of the northeast, quarter of Section 15, Township 28, Range 9 west, in Texas County, Missouri; that on the…
2Cases cited15 opinions
- Kane v. McCownSupreme Court of Missouri · 1874
- Freeman v. ThompsonSupreme Court of Missouri · 1873
- Jones v. DriskillSupreme Court of Missouri · 1887
- Payne v. LottSupreme Court of Missouri · 1886
- Allen v. McCabeSupreme Court of Missouri · 1887
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