Fleckenstein v. Baxter

• Decision Date: 13 March 1893
• Citation: 21 S.W. 852,114 Mo. 493
• Parties: FLECKENSTEIN v. BAXTER.
• Court: Missouri Supreme Court

21 S.W. 852

114 Mo. 493

FLECKENSTEIN v. BAXTER.

Supreme Court of Missouri, Division No. 1.

March 13, 1893.

BONA FIDE PURCHASER — NOTICE OF TAX DEED.

Since a tax lien, as well as the judgment enforcing it, are matters of public record, a subsequent purchaser of the land is bound to make inquiry whether such judgment has been satisfied; and, where such inquiry would have disclosed an execution sale of the land, he takes subject to the grantee in the sheriff's deed, though that was not recorded at the time of his purchase.

Appeal from circuit court, Putnam county; Andrew Ellison, Judge.

Ejectment by August Fleckenstein against George W. Baxter. From a judgment in plaintiff's favor, defendant appeals. Reversed.

Huston & Parrish and Franklin & Franklin, for appellant. B. H. Bonfoey and A. W. Mullins, for respondent.

BLACK, C. J.

This is an action of ejectment for 80 acres of land, being two 40-acre tracts. The plaintiff's title is as follows: First, a patent from the United States to Charles Schloegel, dated the 18th March, 1858; second, a deed from Schloegel to the plaintiff, dated the 2d September, 1887, recorded the 5th September, 1887. The court found for defendant as to one 40-acre tract, and for the plaintiff as to the other, namely, the N. W. ¼ of the N. W. ¼ of a given section. This is the tract still in question. For title to this parcel, the defendant introduced the following evidence: First, a sheriff's deed to Hugh D. Marshall, dated the 22d March, 1882, which was not recorded until the 5th November, 1887; second, a quitclaim deed from Marshall to defendant, dated 17th June, 1885, recorded 12th September, 1885. The sheriff's deed to Marshall recites a judgment recovered on the 4th December, 1881, in a suit by the collector against Charles A. Schloegel, to enforce the state's lien for delinquent taxes for the years 1865 to and including 1873, and from 1877 to and including 1879, and a sale to Marshall made on the 23d March, 1882, by virtue of a special execution issued on that judgment.

The question made on this record is whether plaintiff purchased with notice of the sheriff's deed. The taxes were assessed against the land while Charles Schloegel was the owner, and he continued to be the owner when the tax suit was commenced and the special judgment obtained against him. The sheriff's deed based on that judgment bears date 22d March, 1882, but was not recorded until two months after the plaintiff received his deed from Schloegel. The...