Missouri & Southwestern Land Co. v. Quinn
Supreme Court of Missouri
Appeal from Butler Circuit Court. — Hon. J. L. Fort,, Judge. (1) When Butler county, by its officers and agents, sold the lots in controversy to Poplin, accepted his. notes in payment of the purchase money, caused suit to be brought on said notes, obtained a decree foreclosing Poplin’s equity of redemption and ordering the ]ots sold for the payment of the debt, caused a special execution to be levied upon said lots, and the lots to be sold thereunder, and appropriated the…
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Appeal from Butler Circuit Court. — Hon. J. L. Fort,, Judge. (1) When Butler county, by its officers and agents, sold the lots in controversy to Poplin, accepted his. notes in payment of the purchase money, caused suit to be brought on said notes, obtained a decree foreclosing Poplin’s equity of redemption and ordering the ]ots sold for the payment of the debt, caused a special execution to be levied upon said lots, and the lots to be sold thereunder, and appropriated the purchase money thereof, it renounced all cláim to said lots, and estopped itself from thereafter claiming any title…
1Opinion of the CourtFox, J.
This suit was commenced by filing petition in the Butler Circuit Court on July 23, 1898. It is necessary to a clear understanding of the questions involved in this case, to quote the pleadings, which is done. Omitting the captions; they are as follows:
Petition.
“Plaintiff says that it is a corporation duly organized under the laws of the State of Missouri and doing” business in the city of Poplar Bluff, Missouri.
“Plaintiff, for cause of action, says, that heretofore, to-wit, on or about the 12th day of February, A. D. 1871, the defendant, the County of Butler, being the' owner of the fee…
2Cases cited5 opinions
- Sturgeon v. HamptonSupreme Court of Missouri · 1885
- Emison v. WhittleseySupreme Court of Missouri · 1874
- Briant v. FudgeSupreme Court of Missouri · 1876
- Wood v. NortmanSupreme Court of Missouri · 1884
- Boyer v. AustinSupreme Court of Missouri · 1881
3Cited by5 opinions
- St. Charles Savings Bank v. ThompsonSupreme Court of Missouri · 1920
- Mylius v. ArnoldWest Virginia Supreme Court · 1925
- Gilmore v. GilmoreDistrict Court, D. Montana · 1921
- Patton v. Wabash Railway Co.Missouri Court of Appeals · 1926
- Ball v. ShannonMissouri Court of Appeals · 1998