Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 286

Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 286

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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: ...ages is not an absurdity. We hold that where property is attempted to be confiscated by legal process as in this case the courts owe it to themselves to inquire with some care whether the transaction constitutes an honest attempt to collect a debt or results from a desire to wrongfully and oppressively 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 affirm the judgment of the Circuit Court of the City of St. Louis. Small and Ragland, CC., concur. PER CURIAM: --The foregoing opinion of Baown, C., is adopted as the opinion of the court. All of the judges concur, except Woodson, J., not sitting. 286 Mo.--28 SLIGO FURNACE COMPANY, Appellant, v. JAMES M. LAIDLEY et al. Division One, March 5, 1921. SUIT TO DETERMINE TITLE: Unsigned and Unsealed Execution: Void Sale. A special ficri 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. (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 M0. 357. (2)' "Laidly" and "Laidley" are idem sonans. Maier v. Brock, 222 S. W. 74. (3) The mere inadvertent failure of the clerk to sigi his name to the execution which was otherwise regular and entirely in conformity to the judgment and which was actually executed, is...
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Product details

  • Paperback | 300 pages
  • 189 x 246 x 16mm | 540g
  • United States
  • English
  • black & white illustrations
  • 1236910273
  • 9781236910271