Sanzenbacher v. Santhuff

Citation119 S.W. 395,220 Mo. 274
PartiesSANZENBACHER v. SANTHUFF et al.
Decision Date30 March 1909
CourtUnited States State Supreme Court of Missouri

Appeal from Circuit Court, Reynolds County; Jos. J. Williams, Judge.

Action by Pauline Sanzenbacher against George Santhuff and others. From a judgment for plaintiff, defendants appeal. Reversed and remanded.

R. I. January and Dinning & Dinning, for appellants. J. B. Daniel, for respondent.

BURGESS, J.

This is a suit in equity by which plaintiff seeks to have certain deeds to land in Reynolds county set aside and for naught held. Plaintiff in her petition states: That she is now, and at all times mentioned in the petition was, a married woman and a resident of the state of Ohio. That on October 21, 1880, she purchased from one M. C. Parker the following described land, situated in the county of Reynolds, in the state of Missouri, to wit: The S. W. ¼ of section 3 and the S. E. ¼ of section 4, all in township 31 N. of range 2 W. of the Fifth principal meridian in Missouri. That the deed from said Parker to her was duly filed on March 21, 1881, in the office of the recorder of deeds of said county, and is recorded in Deed Book 11, at page 217; that plaintiff, from the date of her said purchase, has continued to be the owner and in the legal possession of all of said land, and has paid all of the taxes on the same except for the year 1892, when the taxes thereon were paid by some person to her unknown, but without her knowledge or consent. "The plaintiff is informed and charges the fact to be that defendants set up some title or claim of ownership in and to said lands antagonistic to the right and claim of the plaintiff, and have caused to be placed on the deed records of said county a quitclaim deed to said lands from one W. S. Worley, purporting to have been executed on the 2—th day of April, 1903, but not filed for record until the 18th day of January, 1905, and which is recorded in Book 38, at page 48, of the deed records of said county, and plaintiff avers that the pretended title of the defendants to said land originated in a tax deed executed by R. Piles, sheriff of Reynolds county, dated May 29, 1899, filed for record June 1, 1899, and recorded in Book 21, at page 106, of the deed records of said county, which deed purported to convey said land to W. S. Worley, the grantor of defendants as aforesaid, and defendants have thereby the only title or pretended title to said lands adverse to the plaintiff, who is the real owner of said lands in fee simple. Plaintiff avers: That said tax deed so executed and recorded as aforesaid conveyed no title, and is invalid in law; that the pretended judgment for taxes, upon which a special execution issued, by virtue of which said land was sold and deed executed, was irregular, illegal, void, and of no effect as to this plaintiff and her title to said land; that there was no legal service on the plaintiff in said tax suit, and plaintiff had no knowledge thereof, or of the subsequent proceedings therein, or of the execution of the said deeds until the 1st day of August, 1905, when she employed counsel to institute this suit. Plaintiff further alleges that service was attempted to be had on her in said tax suit by publication in a newspaper published in said Reynolds county, but she avers: That such publication was illegal and void, and did not comply with the provisions of the statute in such cases made and provided; that the petition filed in said suit contained no allegation nor was any affidavit filed in said suit containing allegations, sufficient in law to authorize a legal publication against the plaintiff as a nonresident of Missouri, so as to confer jurisdiction on said court to render any judgment therein. Plaintiff further avers that the taxes for the year 1886, being the year for which said suit for taxes was instituted, were paid by plaintiff herein long prior to the filing of said suit, that no taxes were at that time due and unpaid, and that the said taxes for the year 1886 were neither assessed to her nor to the patentee as required by law, although she was the record owner thereof, as hereinbefore stated." The petition contains the further averments: That the petition in said tax suit was wholly insufficient to authorize the court to render any judgment thereon; that the said publication was wholly insufficient...

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27 cases
  • Byam v. Kansas City Public Service Co.
    • United States
    • United States State Supreme Court of Missouri
    • September 5, 1931
    ...grantors not to confer upon him any sovereignty over the right-of-way, but to perpetuate its public use for railway purposes. Sanzenbacher v. Santhuff, 220 Mo. 274; v. Slavens, 218 Mo. 598; Ettenson v. Railroad Co., 248 Mo. 395. Hyde, C. Ferguson and Sturgis, CC., concur. OPINION HYDE This ......
  • Henneke v. Gasconade Power Co.
    • United States
    • Court of Appeals of Kansas
    • May 26, 1941
    ...of error numbered 3 and 4 are too general and undeveloped to present anything for review. Martin v. Connor, 128 S.W.2d 309; Sangenbacher v. Santhuff, 220 Mo. 274; School District of Kansas City v. Phoenix Land & Improvement Co., 297 Mo. 332; Artz v. 71 S.W.2d 795; Miller v. Mutual Benefit H......
  • Cazzell v. Schofield
    • United States
    • United States State Supreme Court of Missouri
    • May 18, 1928
    ...... court to search the record for errors not specifically called. to our attention. [ Sanzenbacher v. Santhuff, 220 Mo. 274, 282; Christine v. Luyties, 280 Mo. 416, 431;. Maloney v. Railways Co., 237 S.W. 509, 512;. Barnett v. Hastain, ......
  • Byam v. Public Service Co., 29696.
    • United States
    • United States State Supreme Court of Missouri
    • September 5, 1931
    ...grantors not to confer upon him any sovereignty over the right-of-way, but to perpetuate its public use for railway purposes. Sanzenbacher v. Santhuff, 220 Mo. 274; Hubbard v. Slavens, 218 Mo. 598; Ettenson v. Railroad Co., 248 Mo. HYDE, C. This action is ejectment, the answer a general den......
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