Cooper v. Gunter
Supreme Court of Missouri
Appeal from Texas Circuit Court. — Hon. W. E. Barton, Special. Judge. In an action under Sec. 650', R. S. 18991, when the validity of a judgment is called in question, the attack upon the judgment is collateral in its nature.
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Appeal from Texas Circuit Court. — Hon. W. E. Barton, Special. Judge. In an action under Sec. 650', R. S. 18991, when the validity of a judgment is called in question, the attack upon the judgment is collateral in its nature. Evarts v. Lumber & Mining Co., 193 Mo. 433; Johnson v. Realty Co., 167 Mo. 325. The rule in this State is that a judgment in a tax suit can not be collaterally attacked by one who was a defendant in that suit, and who was properly brought in by personal service or by publication, nor can the title of. a purchaser under such a judgment be defeated by showing that the…
1Opinion of the CourtValliant, P. J.
This suit is aimed to come under section 650, Revised Statutes 1899', to quiet title to a quarter section of land in Texas county. The petition alleges that it is wild land in the possession of no one, that plaintiff is the owner in fee, that defendant claims title adverse to plaintiff, that both plaintiff and defendant claim from a common source, but that defendant’s title comes through a sale for taxes which was illegal and void. The prayer is for a decree adjusting the title. The defendant in his answer does not assert title in himself but only denies that plaintiff has title. But the…
2Cases cited5 opinions
- Jones v. DriskillSupreme Court of Missouri · 1887
- Johnson v. Stebbins-Thompson Realty Co.Supreme Court of Missouri · 1902
- Evarts v. Missouri Lumber & Mining Co.Supreme Court of Missouri · 1906
- Bland v. WindsorSupreme Court of Missouri · 1905
- Talbot v. RoeMissouri Court of Appeals · 1903
3Cited by5 opinions
- Spitcaufsky v. HattenSupreme Court of Missouri · 1944
- State Ex Rel. St. Louis-San Francisco Railway Co. v. ReynoldsSupreme Court of Missouri · 1921
- Miller v. MedleySupreme Court of Missouri · 1911
- Swift v. BufordSupreme Court of Missouri · 1920
- Cole v. Parker-Washington Co.Supreme Court of Missouri · 1918