Legal Opinion

Large v. Fisher

Supreme Court of Missouri

Decided January 15, 1872PublishedCited by 14 opinions

•Appeal from Crawford Circuit Court. relied on Enstein v. Gay, 45 Mo. 62. The deed does not contain the necessary recitals to make it a valid deed, and is void and inoperative. (Enstein v. Gay, 45 Mo. 62.) Appellant was upon the land without the authority of any one, without color of title, and without permission of the former owner, and cannot interpose against respondent. He cannot take advantage of his own wrong. The recitals of the deed conform to the law. (Sess.

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•Appeal from Crawford Circuit Court. relied on Enstein v. Gay, 45 Mo. 62. The deed does not contain the necessary recitals to make it a valid deed, and is void and inoperative. (Enstein v. Gay, 45 Mo. 62.) Appellant was upon the land without the authority of any one, without color of title, and without permission of the former owner, and cannot interpose against respondent. He cannot take advantage of his own wrong. The recitals of the deed conform to the law. (Sess. Acts 1863-4, art. i, pp. 88, 89, §§ 20-22.) As to the title vested in the State after forfeiture, see sections 32, 40 and 41 of…

1Opinion of the CourtAdams, Judge

This was ejectment for lands in Crawford county. The only title offered by the plaintiff was a tax deed executed to him by the collector of Crawford county. The defendant demurred to the evidence, but the court overruled the demurrer and gave judgment for the plaintiff for possession, etc.

There are numerous objections to this deed which render the deed void upon its face. For the purposes of this case it is only necessary to specify one. This was a sale of land on the forfeited list, and the statute requires that notice of such sale shall be by “at least four weeks public notice by…

2Cases cited2 opinions

  1. Abbott v. LindenbowerSupreme Court of Missouri · 1868
  2. Lagroue v. RainsSupreme Court of Missouri · 1871

3Cited by14 opinions

  1. Meriwether v. OverlySupreme Court of Missouri · 1910
  2. Hopkins v. ScottSupreme Court of Missouri · 1885
  3. Spurlock v. DoughertySupreme Court of Missouri · 1883
  4. Burden v. TaylorSupreme Court of Missouri · 1894
  5. Moore v. HarrisSupreme Court of Missouri · 1887

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