Gillingham v. Brown

• Decision Date: 14 March 1905
• Citation: 85 S.W. 1113,187 Mo. 181
• Parties: GILLINGHAM v. BROWN et al., Appellants
• Court: Missouri Supreme Court

85 S.W. 1113

187 Mo. 181

GILLINGHAM v. BROWN et al., Appellants

Supreme Court of Missouri, Second Division

March 14, 1905

Appeal from Washington Circuit Court. -- Hon. Frank R. Dearing Judge.

Affirmed.

Taylor R. Young for appellants.

Skelton v. Sackett, 91 Mo. 379, seemingly holds that an order of publication against Q. R. Noland was not sufficient where the defendant's name was Quinces R. Noland. This case however, does not appear to have followed in any of the subsequent cases, and is in terms overruled in the case of Mosely v. Reily, 126 Mo. 127. In the Mosely case, a tax suit, the order of publication was addressed to "C T. Clements." The record owner was "Charles T. Clements." There is no apparent distinction between the Mosely case and the case at bar. While the evidence in that case showed that Clements had subsequently sold his interest to Mosely and had signed the deed "C. T. Clements," the decision was not based on that ground at all, but upon the ground that tax suits are peculiar in that they are directed solely against the property charged with taxes. Every land owner is presumed to know that his land is subject to taxation, and if such is the case, that the taxes are delinquent, the property is chargeable therewith; he is also presumed to be giving some attention to the property. When, therefore, he reads a published notice addressed to him by the proper initials of his Christian name, describing the land and informing him that the taxes thereon are delinquent, that is sufficient to require him to plead to the case or be estopped from questioning the validity of the judgment thereon, when collaterally raised. Cruzer v. Stephens, 123 Mo. 337; Martin v. Barron, 37 Mo. 300; Lumber Co. v. Franks, 156 Mo. 689; Nolan v. Taylor, 131 Mo. 229; Corrigan v. Schmidt, 126 Mo. 304. The case of Turner v. Gregory, 151 Mo. 100, is not opposed to the authority announced in the foregoing cases. The Turner case simply holds that a notice to Vaughn Turner was not sufficient notice to Singleton V. Turner, the title being in Singleton V. Turner, and this upon the ground that the law does not recognize a middle name.

Warren D. Isenberg for respondent.

That the proceedings were void and gave the court no jurisdiction of Aubrey H. Gillingham, the record owner, is now the well-settled law of Missouri and the United States as well. Skelton v. Sackett, 91 Mo. 379; Turner v. Gregory, 151 Mo. 100; Vincent v. Means, 184 Mo. 327; Monroe Cattle Co. v. Becker, 147 U.S. 47; Ryffel v. Land Co., 93 Mo.App. 41.

OPINION

BURGESS, P. J.

This is an action brought in the circuit court of Washington county, under section 650, Revised Statutes 1899, for the purpose of having the court to ascertain and declare the title to certain land described in an agreed statement of facts, which follows hereafter.

The court rendered judgment for plaintiff from which defendants appeal.

The cause was tried upon the following agreed statement of facts:

"That on the fifteenth day of July, 1885, the fee simple title to the land in controversy was, by a conveyance in due and legal form properly recorded in the records of deeds in Washington county, Missouri, in Aubrey H. Gillingham, the plaintiff herein, and that he has never conveyed the same or any part thereof.

"That on or about the day of March, 1897, suit was begun by the State ex rel. , tax collector of Washington County, Missouri against A. H. Gillingham, to foreclose the tax lien for the taxes of the year 1895; that there was no personal service in said cause on any person, but that citation by publication was issued by the clerk...