Atkison v. Butler Improvement Co.
Supreme Court of Missouri
Appeal from Bates Circuit Court. — Hon. J. H. Lay, Judge. (1) The court erred in excluding the tax offered in evidence. Revenue Laws of 1872, secs. 207, 217, 223 and 225, p. 130, et seq., of said act; Laws of 1875, sec. 8, p. 84; Pitkin v. JEteibel, 104 Mo. 505; Spear v. Ditty, 8 Yt. 419. (2) It was also error upon part of trial court in overruling the motion to set aside nonsuit. Authorities supra.
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Appeal from Bates Circuit Court. — Hon. J. H. Lay, Judge. (1) The court erred in excluding the tax offered in evidence. Revenue Laws of 1872, secs. 207, 217, 223 and 225, p. 130, et seq., of said act; Laws of 1875, sec. 8, p. 84; Pitkin v. JEteibel, 104 Mo. 505; Spear v. Ditty, 8 Yt. 419. (2) It was also error upon part of trial court in overruling the motion to set aside nonsuit. Authorities supra. The tax deed did not contain the necessary recitals under the statute and was properly excluded. Laws, 1872, p. 131, secs. 208, 223 and 225; Laws, 1873, p. 72. The former adjudications of this…
1Opinion of the CourtGantt, P. J.
This is an action of ejectment in the ordinary form for the possession of lot four (4) in block eleven (11) in the city of Biitler, Bates county, Missouri. Ouster was laid in 1891.
The answer is a general denial; a plea of the statute of limitations of ten years; a plea, of res adjudícala by judgment of the circuit court of Cass county, and the affirmance of said judgment by this court, and lastly a plea of equitable estoppel in that plaintiff stood by and permitted defendant to buy said lot when it was vacant and unimproved, and stood by and saw it. improve said lot by an expenditure of…
2Cases cited5 opinions
- Hopkins v. ScottSupreme Court of Missouri · 1885
- Pitkin v. ReibelSupreme Court of Missouri · 1891
- Sullivan v. DonnellSupreme Court of Missouri · 1886
- Pitkin v. ShacklettSupreme Court of Missouri · 1891
- Gregg v. JesbergSupreme Court of Missouri · 1892
3Cited by1 opinion
- Kries v. Holladay-Klotz Land & Lumber Co.Missouri Court of Appeals · 1906