Bingham v. Birmingham

• Decision Date: 23 February 1891
• Citation: 103 Mo. 345,15 S.W. 533
• Parties: BINGHAM v. BIRMINGHAM et al.
• Court: Missouri Supreme Court

15 S.W. 533

103 Mo. 345

BINGHAM v. BIRMINGHAM et al.

Supreme Court of Missouri, Division No. 1.

February 23, 1891.

TAX-DEEDS — RIGHTS OF PURCHASER.

Kansas City charter, § 64, provides that "tax-deeds executed by the city collector shall be substantially in the following form." Section 65 provides that any "person claiming title adverse to the title conveyed by such tax-deed shall be required to prove, in order to defeat the said tax-deed, either that the taxes, interest, and costs were paid before the sale; * * * and if any person claiming title under a tax-deed (executed substantially as provided for in the preceding section) shall be defeated in any suit or proceeding by or against him for the recovery of the real property conveyed, or purporting to be conveyed, by such tax-deed, the successful claimant shall be adjudged to pay such person claiming under such tax-deed" the purchase money, taxes, etc., paid by him. Held that, where a tax-deed is adjudged invalid because not "executed substantially as provided for in the preceding section," the grantee therein may recover purchase money, taxes, etc., paid by him.

Appeal from circuit court, Jackson county; TURNER A. GILL, Judge.

Wash Adams and Bingham & Adams, for appellant. W. J. Ward and C. W. Freeman, for respondents.

SHERWOOD, C. J.

This ejectment cause has been reargued, and reconsidered, (13 S. W. Rep. 208,) and the results of such reconsideration will now be given, and in order that our views may be readily understood it is necessary to refer to or incorporate in this opinion the sections of the city charter upon which those views are based. Section 64 requires that "tax-deeds executed by the city collector shall be substantially in the following form," giving the prescribed form. Section 65 is the following: "In any suit or proceeding involving or in any manner calling in question the title or right of the grantee in a tax-deed, or those claiming under lien of, to or in the real property conveyed, or purporting to be conveyed, by such tax-deed, (executed substantially as provided in the preceding section,) the person claiming title adverse to the title conveyed, or purporting to be conveyed, by such tax-deed, shall be required to prove, in order to defeat the said tax-deed, either that the taxes, interest, and costs were paid before the sale; that the real property therein described was not subject to taxation for the year or years stated in the deed; that the real property therein described had been redeemed from the sale at the date of the deed, or the tender of the redemption money had been made to the city collector before the execution and delivery of the deed, in accordance with the provisions of this act; and that such redemption was had, or attempted to be had, for the use and benefit of the person having the right to redemption under this act. And if any person claiming title under a tax-deed [executed substantially as provided for in the preceding section] shall be defeated in any suit or proceeding by or against him for the recovery of the real property conveyed, or purporting to be conveyed, by such tax-deed, the successful claimant shall be adjudged to pay such person claiming under such tax-deed the full amount of all money paid by the purchaser at the tax-sale for such real property, and ten per centum of such amount immediately added as a penalty, with twenty-four per cent. interest per annum on the whole amount thus made from the day of sale, and also the amount of all taxes, state, county, or municipal, general or special, paid by the purchaser, his heirs or assigns, after the date of the certificate of purchase, and a like penalty of ten per centum, added as before, on the amount of each of such payments, with twenty-four per cent. interest per annum on the whole of such amount or amounts so made from the day of or days of payment, together with the costs of tax-deed and fee for recording the same, and all costs in the case, which judgment shall be a lien upon the real property in controversy, and shall bear interest at the rate of twenty-four per cent. per annum, and may be enforced by execution as in other cases of judgments and decrees of such court." Upon the requirements of section 64, supra, it has been ruled that if a tax-deed executed by the collector in place of the words in the form...