Spore v. Ozark Land Co.

• Decision Date: 21 February 1905
• Citation: 85 S.W. 556,186 Mo. 656
• Parties: SPORE v. OZARK LAND CO.
• Court: Missouri Supreme Court

85 S.W. 556

186 Mo. 656

SPORE v. OZARK LAND CO.

Supreme Court of Missouri, Division No. 2.

February 21, 1905.

TAXATION — SALES — SERVICE — PUBLICATION — DESIGNATION OF OWNER — QUIETING TITLE — PETITION.

1. Under Rev. St. 1899, § 650, authorizing a person claiming any title or interest in real property to sue any person having or claiming any title or interest therein, whether in possession or not, to determine the interest of such person, and to adjudge the title, a petition alleging that plaintiff is the owner in fee of property described, and that defendant is claiming some title, estate, or interest in or to the same adverse to plaintiff, and praying that the court ascertain and adjudge the title or interest of the several parties, was sufficient.

2. Under a statute requiring actions to enforce the state's lien for taxes to be brought against the owner of the property, a tax sale under a judgment describing the owner as "W. D. Spore," on service by publication, while the land was recorded in the name of "William D. Spore," was void.

Appeal from Circuit Court, Washington County; Frank R. Dearing, Judge.

Action by William D. Spore against the Ozark Land Company. From a judgment in favor of plaintiff, defendant appeals. Affirmed.

Anthony & Eversole, for appellant. Warren D. Isenberg, for respondent.

FOX, J.

This action was brought in the circuit court of Washington county under section 650, Rev. St. 1899, seeking to have the court define, ascertain, and determine the interest and title of the parties to this action to the land described in the petition. The death of respondent was suggested, and the cause was revived, since the appeal, in the name of Mathilda Ziegler and Warren Isenberg. The cause of action is thus alleged: "Plaintiff shows that the defendant is a corporation duly incorporated under the laws of the state of Missouri. Plaintiff shows the court that he is the owner in fee and claims to have the fee-simple title to the following lands in Washington county, Missouri, to-wit: The north half of the southeast quarter and the northeast quarter of the southwest quarter of section No. Twenty-four (24), township thirty-eight (38), range one west, containing 120 acres, more or less. Plaintiff states that defendant is claiming some title, estate, or interest in and to said real property adverse to the estate and title of this plaintiff therein. Wherefore plaintiff prays the court to try, ascertain, and determine the interest and title of the plaintiff and defendant, respectively, in and to said real property, and by its decree adjudge, settle, and define whatever interest the several parties plaintiff and defendant herein may have in and to said real estate." To this petition defendant interposed a demurrer, which was by the court overruled, and the following answer was filed: "Now, at this day comes the defendant, and by leave of court files this its answer to the petition of plaintiff filed herein; and, for such answer, defendant admits it is a corporation, admits it claims title to the land in said petition described, and avers it is the owner thereof in fee, and avers that the plaintiff has no title or interest in or to said real estate. Defendant denies each and every allegation in said petition stated not in this answer expressly admitted."

This cause was submitted to the court, upon the following agreed statement of facts: "It is hereby stipulated and agreed by and between the above parties plaintiff and defendant, by their respective attorneys, that, for the purpose of the trial of this cause, and to avoid the introduction of testimony, it is agreed the facts are as follows: That on the 1st day of January, 1885, the fee-simple title to the land in controversy was, by a conveyance in due and legal form, properly recorded in the record of deeds in Washington county, Missouri, in William D. Spore, the plaintiff herein, and that he has never conveyed the same, or any part thereof. That on or about the ____ day of ____, 1886, suit was begun by the state ex rel. ____, tax collector of Washington county, Missouri, against one W. D. Spore,...