Bell v. Johnson

Decision Date27 November 1907
PartiesBELL v. JOHNSON et al.
CourtMissouri Supreme Court

Appeal from St. Louis Circuit Court; Warwick Hough, Judge.

Action by George H. Bell against J. Brooks Johnson and others. From a judgment for plaintiff, defendants appeal. Affirmed.

This case originated in the circuit court of the city of St. Louis, and was brought under section 650 of the Revised Statutes of 1899, whereby plaintiff seeks to have the court adjudge that he has the fee, and that neither of the defendants have any title in and to the tract of land described in the petition, which is as follows: "A certain lot of ground in city block 4484 of the city of St. Louis, state of Missouri, having a front of fifty feet on the east line of Euclid avenue by a depth of 195 64/100 feet between parallel lines, and bound as follows: Beginning at a point in the east line of Euclid avenue distant 314.16 feet south of said south line of Labadie avenue, thence eastwardly 195.64 feet to a point 313.46 feet south of said south line of Labadie avenue, thence northwardly and parallel to Euclid avenue 50 feet to a point, thence westwardly 195.64 feet to a point in the east line of Euclid avenue, and thence southwardly along said east line of Euclid avenue 50 feet to the point of beginning." Charles Kuhn is the common source of title. The plaintiff claims title by purchase under execution sale, on September 9, 1902, under a personal judgment rendered against said Kuhn in favor of the Thomas Realty & Building Company on December 17, 1896. The defendant Johnson claims title to the lot of ground in controversy through a purchase on August 8, 1902, under an execution sale founded upon a judgment rendered in a proceeding brought by the city of St. Louis against Charles Kuhn on a special tax bill, issued for benefits assessed against the lot in the matter of the opening of Terry avenue. The petition in that case stated that said benefits were assessed against a certain lot of ground in the city of St. Louis in city block 4484, having a front of 50 feet on Euclid avenue by a depth of 110 feet bounded north by Sanders and self, east by self, south by self, and west by Euclid avenue, and alleged that same was owned by the Charles Kuhn. Summons was duly issued for defendant and directed to the sheriff of the city of St. Louis, and was by him returned with indorsement thereon, defendant not found. Subsequently an affidavit of nonresidence was filed, and the court made an order of publication wherein it was stated that the object of the suit was to obtain a special judgment against the real estate described, and which was claimed to be charged with a lien for said special tax bill. The affidavit of P. J. Gordon, publisher of the St. Louis Chronicle, in which the order was directed to be published, was filed accompanied by a copy of the advertisement, from which it appeared that the notice which was actually published stated that the general nature of the suit was to obtain a judgment on a special tax bill which was a special and first lien upon "a certain lot of ground in the city of St. Louis, being in city block 4484, having a front of 50 feet on Euclid avenue by a depth of 110 feet, bounded north by Landers and self, east by self, south by self, and west by Euclid avenue." On December 23, 1901, a default was entered against defendant, and in which it was recited that the defendant, "though duly summoned and called, comes not but makes default." On January 6, 1902, a final judgment was rendered in favor of the plaintiff in said tax proceeding, in which nothing was said about the order of publication or service...

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10 cases
  • Johnson v. Underwood
    • United States
    • Missouri Supreme Court
    • 3 Febrero 1930
    ...St. Louis v. Kock, 169 Mo. 587; City of Nevada to use of Gilfillan v. Eddy, 123 Mo. 546; Town of Trenton v. Coyle, 107 Mo. 193; Bell v. Johnson, 207 Mo. 281; Lyon v. Alley, 130 U.S. 177, 32 L. Ed. 902. (16) The judgment in Case No. 6187 of the Circuit Court of Platte County is not a bar to ......
  • Johnson v. Underwood
    • United States
    • Missouri Supreme Court
    • 3 Febrero 1930
    ...St. Louis v. Kock, 169 Mo. 587; City of Nevada to use of Gilfillan v. Eddy, 123 Mo. 546; Town of Trenton v. Coyle, 107 Mo. 193; Bell v. Johnson, 207 Mo. 281; Lyon Alley, 130 U.S. 177, 32 L.Ed. 902. (16) The judgment in Case No. 6187 of the Circuit Court of Platte County is not a bar to the ......
  • Cushulas v. Schroeder & Tremayne
    • United States
    • Missouri Court of Appeals
    • 7 Enero 1930
    ...of action against the defendant below. Walrath v. Crary, 222 S.W. (Mo. App.) 895; McCrosky v. Burnham, 282 S.W. (Mo. App.) 158; Bell v. Johnson, 207 Mo. 281; Cole Parker-Washington Co., 276 Mo. 266. (6) The objection that the petition fails to state facts sufficient to constitute a cause of......
  • Cole v. Parker-Washington Company
    • United States
    • Missouri Supreme Court
    • 19 Diciembre 1918
    ...272, 140 U.S. 254, 35 L.Ed. 464, 11 S.Ct. 773, the question is fully discussed. [Bell v. Johnson, 207 Mo. 281, 105 S.W. 1039, l. c. 287, 105 S.W. 1039.] The case Winningham v. Trueblood, 149 Mo. 572, 51 S.W. 399, and that of Tube Works Co. v. Ice Machine Co., 201 Mo. 30, 98 S.W. 620, announ......
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