Spore v. Ozark Land Co.
Supreme Court of Missouri
Appeal from Washington Circuit Court. — Hon. Franh B. Hearing, Judge. (1) The petition does not state facts sufficient to constitute a cause of action, and the demurrer to the petition should have been sustained. Huff v. Land Imp.
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Appeal from Washington Circuit Court. — Hon. Franh B. Hearing, Judge. (1) The petition does not state facts sufficient to constitute a cause of action, and the demurrer to the petition should have been sustained. Huff v. Land Imp. Co., 157 Mo, 65; Ball v. Woolfolk, 175 Mo. 278; Elliott v. Sheppard, 179 Mo. 382. (2) Actions for the recovery of land taxes are actions to enforce a lien against the land, and the judgment is only against the land even though there was personal service. No personal judgment is authorized. Mosely v. Reily, 126 Mo. 124; Hilton v. Smith, 134 Mo. 499; Allen v. Ray, 96…
1Opinion of the CourtFox, J.
— This action was brought in the circuit' court of Washington county under section 650, Revised Statutes 1899, seeking to have the court define, ascertain and determine the interest and title of the parties to this action to the land described in the petition. The death of respondent was suggested, and the cause was revived, since the appeal, in the name of Mathilda Ziegler and Warren Isenberg.
The cause of action is thus alleged:
“Plaintiff shows that the defendant is a corporation duly incorporated under the laws of the State of Missouri. Plaintiff shows the court that he is the owner in fee…
2Cases cited7 opinions
- Skelton v. SackettSupreme Court of Missouri · 1886
- Vincent v. MeansSupreme Court of Missouri · 1904
- Turner v. GregorySupreme Court of Missouri · 1899
- Huff v. Laclede Land & Improvement Co.Supreme Court of Missouri · 1900
- Mosely v. ReilySupreme Court of Missouri · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Williams v. LobbanSupreme Court of Missouri · 1907
- Richards v. EarlsSupreme Court of Missouri · 1939
- Proctor v. NanceSupreme Court of Missouri · 1909
- Burkham v. ManewalSupreme Court of Missouri · 1906
- Gillingham v. BrownSupreme Court of Missouri · 1905
11 more not listed; retrieve them via the Exa API.