Kohle v. Hobson

CourtUnited States State Supreme Court of Missouri
Writing for the CourtBurgess
PartiesKOHLE v. HOBSON.
Decision Date15 December 1908
114 S.W. 952
215 Mo. 213
KOHLE
v.
HOBSON.
Supreme Court of Missouri, Division No. 2.
December 15, 1908.

1. TENANCY IN COMMON (§ 19)—PURCHASE OF OUTSTANDING TITLE.

As a general rule, one tenant in common cannot purchase, for his own exclusive benefit, an outstanding interest in the common property of himself and co-tenants; and, where he does so, he holds the title as trustee for his co-tenants, who may compel him to convey to them their respective interests on refunding to him the amount expended in the acquisition of the title.

2. ADVERSE POSSESSION (§ 62) — HOSTILE CHARACTER OF POSSESSION.

The possession or right acquired by a purchaser of the curtesy rights of a husband is not adverse to the children of the deceased wife, to whom the land on her death descended, subject to the husband's curtesy.

3. HUSBAND AND WIFE (§ 9)—PROPERTY OF WIFE—ACQUISITION OF OUTSTANDING TITLE BY HUSBAND.

Land which descended on the owner's death to her children, subject to her husband's curtesy, was sold for taxes. The purchaser assigned the certificate of purchase to the husband of one of the children. He subsequently purchased the husband's curtesy. Held that, since no man can acquire and hold an adverse interest in his wife's land, the purchase of the certificate of purchase by the husband was for his wife, and inured to the benefit of all the children.

4. TAXATION (§ 742)—SALES—REDEMPTION.

Land which descended to the children of the deceased owner, subject to her husband's curtesy, was sold for taxes. The purchaser, before obtaining a deed, and before the expiration of the time for redemption, assigned the certificate of purchase to the husband of one of the children. Held, that the transaction was but a redemption of the land, and the assignee of the certificate had merely a lien on the land to compel contribution.

5. TAXATION (§ 686)—SALE FOR TAXES—CERTIFICATE OF PURCHASE.

A certificate of purchase at a tax sale does not pass the title, but only entitles the purchaser or his assignee to a deed passing title at the expiration of the two years from the time of the sale, during which time the right of redemption exists.

6. TAXATION (§ 722)—TAX SALES — SUIT TO RECOVER REAL ESTATE SOLD FOR TAXES— LIMITATIONS.

One holding under a tax deed, and under a deed conveying the husband's curtesy in the land, which descended to the children of the deceased owner subject to the husband's curtesy, cannot, during the lifetime of the husband, avail himself, as against the children, of a statute limiting the time for the commencement of an action for the recovery of real estate sold for taxes, since the children are not entitled to possession until the termination of the life estate, and limitations cannot begin to run against them until the termination of the life estate by the death of the husband.

Appeal from Circuit Court, Jackson County.

Action by Peter Kohle against W. P. Hobson. From a judgment for plaintiff, defendant appeals. Affirmed.

E. P. Garnett, for appellant. L. H. Waters and Daniel W. Brown, for respondent.

BURGESS, J.


This is a suit to determine the title to an undivided one-eighth interest in the north 25 feet of lot 11, block 8, in Merriam Place, addition to Kansas City, Mo. The facts are as follows: Mrs. Winnefred Kohle, owner, and in possession of the premises in controversy, died on April 26, 1891, intestate, leaving eight children as her only heirs, the plaintiff being one of the heirs, and the wife of defendant being also one of the heirs. The decedent's husband, George Kohle who survived her, was left in possession of the property, holding the life estate by curtesy. The defendant claims title under a tax deed, dated November 16, 1894, and recorded in the recorder's office of Jackson county, Mo., on November 27, 1894. The property was sold for the city taxes of 1892, and a certificate of purchase issued November 17, 1892, to E. D. Latimer, the purchaser, who on September 19, 1893, assigned his certificate of purchase, "and all his right, title and interest" in the property, to the defendant. At the time of the sale said George Kohle,

114 S.W. 953

as life tenant by the curtesy, was in possession of the property,...

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12 practice notes
  • State ex rel. City of St. Louis v. Baumann, No. 36994.
    • United States
    • United States State Supreme Court of Missouri
    • 10 Junio 1941
    ...it within relator's constitutional and statutory exemption from taxation. Laws 1933, p. 425; Donohue v. Veal, 19 Mo. 331; Kohle v. Hobson, 215 Mo. 213, 114 S.W. 952; 3 Cooley on Taxation (4 Ed.), p. 2934; In re Singer, 7 Atl. 800; Woodland Oil Co. v. Shoup, 107 Pa. St. 293; Keller v. Hawk, ......
  • Bragg v. Ross, No. 37863.
    • United States
    • United States State Supreme Court of Missouri
    • 16 Abril 1942
    ...and precludes a cotenant or his spouse (in this case Mrs. Ross) from obtaining any advantage of the other cotenant. Kohle v. Hobson, 215 Mo. 213; Brown v. Howard, 264 Mo. 466. (10) They were partners in farming the land. Partnership is a fiduciary relation which exacts the "finest loya......
  • Linders v. Linders, No. 40051.
    • United States
    • United States State Supreme Court of Missouri
    • 14 Julio 1947
    ...fraud or derogation to the rights of the other tenant by the entirety should be set aside. Hickman v. Link, 97 Mo. 482; Kohle v. Hobson, 215 Mo. 213; Newton v. Newton, 162 Mo. 173; Bordeck v. Kirsch, 216 S.W. 519. (4) The death of the principal ordinarily works an immediate termination of t......
  • Mallory v. Ice & Supply Co., No. 26332.
    • United States
    • United States State Supreme Court of Missouri
    • 18 Mayo 1928
    ...251 S.W. 451; Gayle v. Foundry Co., 177 Mo. 427; Kipp v. Oyster, 133 Mo. App. 711; O'Hara v. Gas Co., 244 Mo. 395; McGrath v. St. Louis, 215 Mo. 213. (b) The digging of the trench in the proper manner, shoring it as the evidence disclosed it should have been, was not inherently dangerous to......
  • Request a trial to view additional results
12 cases
  • State ex rel. City of St. Louis v. Baumann, No. 36994.
    • United States
    • United States State Supreme Court of Missouri
    • 10 Junio 1941
    ...it within relator's constitutional and statutory exemption from taxation. Laws 1933, p. 425; Donohue v. Veal, 19 Mo. 331; Kohle v. Hobson, 215 Mo. 213, 114 S.W. 952; 3 Cooley on Taxation (4 Ed.), p. 2934; In re Singer, 7 Atl. 800; Woodland Oil Co. v. Shoup, 107 Pa. St. 293; Keller v. Hawk, ......
  • Bragg v. Ross, No. 37863.
    • United States
    • United States State Supreme Court of Missouri
    • 16 Abril 1942
    ...and precludes a cotenant or his spouse (in this case Mrs. Ross) from obtaining any advantage of the other cotenant. Kohle v. Hobson, 215 Mo. 213; Brown v. Howard, 264 Mo. 466. (10) They were partners in farming the land. Partnership is a fiduciary relation which exacts the "finest loya......
  • Linders v. Linders, No. 40051.
    • United States
    • United States State Supreme Court of Missouri
    • 14 Julio 1947
    ...fraud or derogation to the rights of the other tenant by the entirety should be set aside. Hickman v. Link, 97 Mo. 482; Kohle v. Hobson, 215 Mo. 213; Newton v. Newton, 162 Mo. 173; Bordeck v. Kirsch, 216 S.W. 519. (4) The death of the principal ordinarily works an immediate termination of t......
  • Mallory v. Ice & Supply Co., No. 26332.
    • United States
    • United States State Supreme Court of Missouri
    • 18 Mayo 1928
    ...251 S.W. 451; Gayle v. Foundry Co., 177 Mo. 427; Kipp v. Oyster, 133 Mo. App. 711; O'Hara v. Gas Co., 244 Mo. 395; McGrath v. St. Louis, 215 Mo. 213. (b) The digging of the trench in the proper manner, shoring it as the evidence disclosed it should have been, was not inherently dangerous to......
  • Request a trial to view additional results

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