Otis v. Epperson
Supreme Court of Missouri
Error to Macon Circuit Court. — Hon. Andrew Elli- ■ son, Judge. (1) The court had no jurisdiction to render judgment in the.back tax suit as to Mrs. Otis and her trustee, Terbell. The owner of the land in back tax proceedings is the necessary party.
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Error to Macon Circuit Court. — Hon. Andrew Elli- ■ son, Judge. (1) The court had no jurisdiction to render judgment in the.back tax suit as to Mrs. Otis and her trustee, Terbell. The owner of the land in back tax proceedings is the necessary party. Watt v. Lonnall, 80 Mo. 195; Stater). Clymer, 81 Mo. 122; State v. Saclc, 79 Mo. 661; Vance v. Corrigan, 78 Mo. 94. (2) There is no power either in the court or. clerk to order publication against a non-resident outside of that given by statute, and the provisions of the statute must be strictly observed. Schell ■». Leland, 45 Mo. 289: Galpin…
1Opinion of the CourtHEnby, C. J.
Plaintiffs sued in ejectment to recover possession of the south half of the northeast and northwest quarters of the northeast quarter of section thirteen, township twenty-seven, range fifteen, in Macon county. It is conceded that, on the 1st day of August,. 1871, H. Gr. Otis was the owner of the land, and by deed of that date conveyed it to his co-plaintiff, Henry S. Terbell in trust for Mary A. Otis. The defendants claim, under a sale made by the sheriff of Macon county, on an execution issued upon a judgment of the circuit court, rendered in a cause in which the state to the use of the…
2Cited by7 opinions
- Davidson v. Laclede Land & Improvement Co.Supreme Court of Missouri · 1913
- State ex rel. Hennesmeyer v. ReidMissouri Court of Appeals · 1908
- Blickensderffer v. HannaSupreme Court of Missouri · 1910
- Valz v. Sheepshead Bay Bungalow Corp.Appellate Division of the Supreme Court of the State of New York · 1927
- Proper v. ProperHawaii Supreme Court · 1903
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