Reports of Cases Determined in the Supreme Court of the State of Missouri Volume 286
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 edition. Excerpt: ...and opp-ressively use the process of the court to obtain the property of another without adequate consideration. For the reasons we have stated we have in this case arrived at the latter conclusion, and accordingly aflirm the judgment of the Circuit Court of the City of St. Louis. Small and Rcgland, CC., concur. PER CURIAM: --The foregoing opinion of Bnown, C., is adopted as the opinion of the court. All of the judges concur, except W oodson, J., not sitting. 286 Mo.---28 1 SLIGO FURNACE COMPANY, Appellant, V. /JAMES V M. LAIDLEY et al. Division One, March 5, 1921. SUIT T0 DETERIVHNTB TITLE: Unsigned and Unsealed Execution: Void Sale. A special fleri facias issued in 1880 on a judgment in the circuit court for back taxes which is neither signed nor attested by the clerk nor sealed with the seal of the court or any other seal, is merely void, and a sale of land thereunder is likewise Void, and the sheriff's deed based thereon conveys no title. Appeal from Iron Cfrcuit Court.---H0n. E. M. Dearing, Judge. AFFIRMED. Edgar zfi Edgar and Watts, Gentry 02 Lee for appellant. (1) In a suit to quiet title, a tax deed will not be held to have been invalid on the ground that the land sold for a grossly inadequate price. Such an objection cannot be raised in a collateral proceeding. Lumber Co. V. Carroll, 255 Mo. 357. (2) "Laidly" and "Laidley" are idem sonans. Maier V. Brock, 222 S. W. 74. (3) The mere inadvertent failure of the clerk to sign his name to the execution which was otherwise regular and entirely in conformity to the judgment and which was actually executed, is immaterial and does not invalidate the tax proceeding. Stewartv. Severance, 43 Mo. 322; Morrison V. Turnbaugh, 192 Mo. 445; Fee V. Ry. Co., 58 Mo. App....
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