Murphy v. Barron
Supreme Court of Missouri
Appeal from Butler Circuit Court. — Hon. Almon Ing, Judge. (1) The court erred in not deducting from the amount of damages awarded respondents, the amount of taxes paid hy appellant. Secs. 11508,11509, R. S. 1909; Haarstiek v. Gabriel, 200 Mo. 237. (2) The court erred in not rendering judgment for appellant, (a) The judgment of the Butler County Circuit Court in the condemnation suit was res judicata of the title to the land in controversy herein.
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Appeal from Butler Circuit Court. — Hon. Almon Ing, Judge. (1) The court erred in not deducting from the amount of damages awarded respondents, the amount of taxes paid hy appellant. Secs. 11508,11509, R. S. 1909; Haarstiek v. Gabriel, 200 Mo. 237. (2) The court erred in not rendering judgment for appellant, (a) The judgment of the Butler County Circuit Court in the condemnation suit was res judicata of the title to the land in controversy herein. In re Breck, 252 Mo. 302; Transportation Co. v. Traube, 59 Mo. 362; Spratt v. Early, 199 Mo. 501; Napa Valley Elec. Co. v. Board, 251 II. S. 366.…
1Opinion of the CourtJames T. Blair, P. J.
This is a second appeal (Murphy v. Barron, 275 Mo. 282) in a suit to quiet title in ejectment, which respondents instituted in 1914. As appears from the record and the former opinion, Joseph Murphy owned the land prior to 1901. In that year a suit was commenced against him for hack tases on the tract here in question and service obtained. The case was not tried until June, 1903. Murphy was then in the penitentiary. In October, 1903, the land was sold under the tax judgment to Green who, three days later, conveyed to" the present appellant. After his release in 1905 Murphy took possession of…
2Cases cited6 opinions
- Last Chance Mining Co. v. Tyler Mining Co.Supreme Court of the United States · 1895
- Sarah v. ReadIllinois Supreme Court · 1882
- Brack v. BoydIllinois Supreme Court · 1904
- Murphy v. BarronSupreme Court of Missouri · 1918
- Cox v. BarkerSupreme Court of Missouri · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Smith v. Brown & Williamson Tobacco Corp.Supreme Court of Missouri · 2013
- Hogan v. Kansas City Public Service Co.Supreme Court of Missouri · 1929
- Union Light, Heat & Power Co. v. Blackwell's Adm'rCourt of Appeals of Kentucky (pre-1976) · 1956
- State Ex Rel. McCaskill v. HallSupreme Court of Missouri · 1930
- Poe v. Illinois Cent. Railroad Co.Supreme Court of Missouri · 1936
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