First Natl. Bank of Monett v. Kinser, 35645.
| Decision Date | 17 November 1937 |
| Docket Number | No. 35645.,35645. |
| Citation | 109 S.W.2d 1221 |
| Parties | FIRST NATIONAL BANK OF MONETT, Plaintiff in Error, v. R.H. KINSER and M.E. GILLIOZ, Defendants in Error. |
| Court | Missouri Supreme Court |
D.S. Mayhew for plaintiff in error.
James E. Sater for defendants in error.
Lots one and two in block eight, Prospect Park Place, an addition to the city of Monett, were sold under a special execution issued on a judgment on tax bills issued by the city to pay for paving the street adjacent to said property. The First National Bank of Monett brought suit to redeem said property from said sale, on conditions named in its petition. The decree below was for defendants and the case went to the Springfield Court of Appeals for review on writ of error. That court transferred the case here on the ground that title to real estate is involved.
The pertinent facts are as follows:
One D.S. Mayhew was owner of the property. Mayhew owed the First National Bank a note on which there was due and unpaid approximately $2500, secured by a deed of trust on the property in question. M.E. Gillioz was the owner of tax bills issued against said property to pay for street paving. The tax bills were not paid. Gillioz, the owner of the tax bills, brought suit thereon and in June, 1933, obtained a judgment for the amount due on the bills. A special execution was issued on said judgment, and on November 13, 1933, the property was sold under said execution at public auction. R.H. Kinser, a son-in-law of Gillioz, the judgment creditor, bid the property in for $100, and conveyance was made to him by the sheriff's deed. The undisputed evidence was that Kinser was acting for Gillioz, and bid the property in for him. Kinser invested no money of his own in the transaction, and on November 29, 1933, conveyed the property to Gillioz by quitclaim deed. Gillioz paid the costs of suit, expenses of sale and accrued taxes on the property.
The First National Bank, owner of the deed of trust on the property, was not made a party defendant to the suit to foreclose the lien of the tax bills held by Gillioz. The bank contends that since it was not made a party defendant in that suit, it had a right to redeem the property as provided in Section 6888, Revised Statutes 1929.
The theory of the bank's petition to redeem is that it is entitled to redeem the property upon...
To continue reading
Request your trial
-
Schell's Estate, In re
...722, 116 S.W. 500; Snodgrass v. Copple, 203 Mo. 480, 101 S.W. 1090.5 Reece v. Van Gilder, Mo., 272 S.W.2d 177; First Nat. Bank of Monett v. Kinser, 341 Mo. 819, 109 S.W.2d 1221.6 Null v. Howell, 40 Mo.App. 329, 111 Mo. 273, 20 S.W. 24; Missouri City Coal Co. v. Walker, Mo.App., 183 S.W.2d 3......
-
Long v. Norwood Hills Corp.
...is involved, the title must be in dispute, that is, there must be a title controversy to be settled, First National Bank of Monett v. Kinser, 341 Mo. 819, 109 S.W.2d 1221, 1222, the judgment must directly affect or operate upon the title itself, Ballenger v. Windes, 338 Mo. 1039, 93 S.W.2d ......
-
Burch v. Horn
...is involved, the title must be in dispute, that is, there must be a title controversy to be settled, First National Bank of Monett v. Kinser, 341 Mo. 819, 109 S.W.2d 1221, 1222, the judgment must directly affect or operate upon the title itself, Ballenger v. Windes, 338 Mo. 1039, 93 S.W.2d ......
-
Reece v. Van Gilder
...that the plaintiffs have a life estate in the land, and also concedes that fact in her brief. In the case of First National Bank of Monett v. Kinser, 341 Mo. 819, 109 S.W.2d 1221, loc. cit. 1222, we 'It is true that a judgment permitting the bank to redeem would take the title from Gillioz,......