Legal Opinion

Spurlock v. Allen

Supreme Court of Missouri

Decided January 15, 1872PublishedCited by 11 opinions

Appeal from Morgan Circuit Court. The recital of the deed, that notice was given in manner as required by law, is sufficient prima facie evidence that the law had been complied with. (Gen. Stat. 1865, ch. 13, § 112; Abbott v. Lindenbower, 42 Mo. 162.) The deed shows that there was no notice to the person of the intended application for judgment, nor does it recite any fact, matter or thing showing or intending to show that the court had jurisdiction of the subject.

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Appeal from Morgan Circuit Court. The recital of the deed, that notice was given in manner as required by law, is sufficient prima facie evidence that the law had been complied with. (Gen. Stat. 1865, ch. 13, § 112; Abbott v. Lindenbower, 42 Mo. 162.) The deed shows that there was no notice to the person of the intended application for judgment, nor does it recite any fact, matter or thing showing or intending to show that the court had jurisdiction of the subject. A tax deed, which upon its face bears evidence of a non-compliance with a substantial requisition of the law, is a nullity.…

1Opinion of the CourtWagner, Judge

This was an action of ejectment to recover the possession of a tract of land lying in Morgan county. The plaintiff relied for title exclusively on a tax deed executed by the collector of the county on a sale of land for taxes. The court declared the deed *179insufficient, and found for the defendant. A great many points have been raised by the counsel on each side, which it will be unnecessary to notice, as the recitals in the deed are deemed decisive of the question. From the deed offered in evidence it appears that the land in controversy was offered for sale to pay and satisfy the taxes…

2Cases cited1 opinion

  1. Lagroue v. RainsSupreme Court of Missouri · 1871

3Cited by11 opinions

  1. Charland v. Trustees of the Home for Aged WomenMassachusetts Supreme Judicial Court · 1910
  2. Spurlock v. DoughertySupreme Court of Missouri · 1883
  3. Burden v. TaylorSupreme Court of Missouri · 1894
  4. Moore v. HarrisSupreme Court of Missouri · 1887
  5. Pearce v. TittsworthSupreme Court of Missouri · 1885

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