State ex rel. Crites v. Short, No. 38473.

CourtUnited States State Supreme Court of Missouri
Writing for the CourtTipton
PartiesSTATE OF MISSOURI, at the Relation and to the use of CHRIST C. CRITES, Appellant, v. W.E. SHORT, Collector of the Revenue of Wayne County, Missouri.
Decision Date04 October 1943
Docket NumberNo. 38473.
174 S.W.2d 821
STATE OF MISSOURI, at the Relation and to the use of CHRIST C. CRITES, Appellant,
v.
W.E. SHORT, Collector of the Revenue of Wayne County, Missouri.
No. 38473.
Supreme Court of Missouri.
Division Two, October 4, 1943.
Rehearing Denied, November 1, 1943.

Appeal from Wayne Circuit Court.Hon. Everett E. Eversole. Judge.

[174 S.W.2d 822]

AFFIRMED.

J. Grant Frye and Gerald B. Rowan for appellant.

(1) The appellant showed every fact necessary to entitle him to a collector's deed to the land in controversy. The respondent failed to show any facts which would warrant his refusal to deliver such a deed to appellant. The deed of October 25, 1940, which purported to be from Hal Bennett, as attorney in fact for The Johns Hopkins University, to C.O. Barks, and the deed of November 6, 1940, from C.O. Barks to Boss H.P. Bennett would not be sufficient to convey an interest to Boss H.P. Bennett which would permit him to redeem unless it was shown that Hal Bennett was in fact empowered to act as attorney in fact for The Johns Hopkins University and the purported power of attorney from The Johns Hopkins University which was admitted in evidence for the purpose of proving this fact should not have been admitted for the reason that it was not properly identified as having been executed by anyone who had authority to execute it on behalf of The Johns Hopkins University, and was not acknowledged. Secs. 3433, 3435, R.S. 1939; Scotland County Natl. Bank v. Hohn, 125 S.W. 539, 146 Mo. App. 699; Miller v. Corpman, 257 S.W. 428, 301 Mo. 589. (2) The purported power of attorney admitted in evidence was not admissible to prove the authority of Hal Bennett to execute the deed of October 25, 1940 as the agent for The Johns Hopkins University, because the purported power of attorney was not recorded until December 6, 1940, or at a date later than the date of the deed. Sec. 3433, R.S. 1939. (3) The competent and admissible evidence offered by respondent fails to show that Hal Bennett was authorized by The Johns Hopkins University, the admitted owner of the fee, to convey this land; and hence, Boss H.P. Bennett, who claims, under a purported conveyance by Hal Bennett for The Johns Hopkins University, was not entitled on November 7, 1940 to redeem the tax certificates purchased by appellant as he attempted to do. Authorities cited under (1). (4) The purported power of attorney, being incompetent and inadmissible in evidence, respondent failed to show any reason why he should not have executed a collector's deed to appellant, and the alternative writ of mandamus ought to have been made permanent. Sec. 11149, R.S. 1939.

Roy W. McGhee and Robert C. Hyde for respondent.

(1) Appellant was not entitled to a deed if there had been a redemption as contemplated by law. Sec. 11149, R.S. 1939. (2) There had been a redemption as contemplated by law when "Boss" H.P. Bennett, claiming an interest in the land under a quitclaim deed, describing the land and properly acknowledged, secured certificates of redemption upon the payment of a proper sum of money. Sec. 11145, R.S. 1939. (3) The deed to "Boss" H.P. Bennett which was properly acknowledged, was admissible in evidence. Sec. 3435, R.S. 1939. (4) "Boss" H.P. Bennett made a prima facie case of title in himself showing a quitclaim deed describing the land and properly acknowledged without further proof of its execution and delivery. Keener v. Williams, 271 S.W. 489. (5) A power of attorney shall be acknowledged and proved and certified and recorded as other instruments in writing, conveying or affecting real estate, are required to be acknowledged or proved and certified and recorded. Sec. 3433, R.S. 1939. (6) A deed shall be acknowledged and proved and certified and recorded. Sec. 3426, R.S. 1939. (7) A deed is valid between the parties although not acknowledged or recorded and the purpose of acknowledgment is to protect the creditor and purchaser. Sec. 3428, R.S. 1939; Elsea v. Smith, 202 S.W. 1071. (8) The appellant, as a certificate holder under the Jones-Munger Law, received no title to the land in question, he was an owner of an inchoate title which could become complete only if there was no redemption in time. State ex rel. St. Louis v. Baumann, 153 S.W. (2d) 31;...

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8 practice notes
  • Hatcher v. Hall, No. 7482
    • United States
    • Court of Appeal of Missouri (US)
    • July 13, 1956
    ...v. Stock-Daniel Hardware Co., Mo.App., 293 S.W. 441, 445. Consult also State ex rel. and to Use of Crites v. Stort, 351 Mo. 1013, 1016, 174 S.W.2d 821, 822(1); State v. Page, 332 Mo. 89, 58 S.W.2d 293, 295; Finley v. Babb, 173 Mo. 257, 264, 73 S.W. 180, 182; annotation 19 A.L.R. 6 'All reco......
  • State ex rel. Sho-Me Power Corp. v. Hawkins, SHO-ME
    • United States
    • Court of Appeal of Missouri (US)
    • July 25, 1960
    ...214, 225(22, 23); Baker v. Baker, Mo.App., 274 S.W.2d 322, 325-326(10). 5 State ex rel. and to use of Crites v. Short, 351 Mo. 1013, 174 S.W.2d 821, 823(5); State ex rel. Frank v. Becker, 320 Mo. 1087, 9 S.W.2d 153, 154; Houts' Missouri Pleading and Practice, Vol. 4, Sec. 1091, p. 6 State e......
  • Hull v. Pleasant Hill Sch. Dist., WD 79302 and WD 79318.
    • United States
    • Court of Appeal of Missouri (US)
    • June 6, 2017
    ...real property." Id. (citation omitted). This principle can be traced back to State ex rel. and to Use of Crites v. Short, 351 Mo. 1013, 174 S.W.2d 821, 822 (Mo. 1943), where the supreme court indicated that a deed not properly acknowledged and recorded is not void; rather "there is no notic......
  • State ex rel. Pisarek v. Dalton, No. 38093
    • United States
    • Missouri Court of Appeals
    • April 5, 1977
    ...of the writ of mandamus is to enforce, not establish, a claim of right, State ex rel. and to use of Crites v. Short, 351 Mo. 1013, 174 S.W.2d 821 (1943), or as frequently stated, to execute, not to adjudicate. State ex rel. Phillip v. Public School Retirement System of City of St. Louis, 36......
  • Request a trial to view additional results
8 cases
  • Hatcher v. Hall, No. 7482
    • United States
    • Court of Appeal of Missouri (US)
    • July 13, 1956
    ...v. Stock-Daniel Hardware Co., Mo.App., 293 S.W. 441, 445. Consult also State ex rel. and to Use of Crites v. Stort, 351 Mo. 1013, 1016, 174 S.W.2d 821, 822(1); State v. Page, 332 Mo. 89, 58 S.W.2d 293, 295; Finley v. Babb, 173 Mo. 257, 264, 73 S.W. 180, 182; annotation 19 A.L.R. 6 'All reco......
  • State ex rel. Sho-Me Power Corp. v. Hawkins, SHO-ME
    • United States
    • Court of Appeal of Missouri (US)
    • July 25, 1960
    ...214, 225(22, 23); Baker v. Baker, Mo.App., 274 S.W.2d 322, 325-326(10). 5 State ex rel. and to use of Crites v. Short, 351 Mo. 1013, 174 S.W.2d 821, 823(5); State ex rel. Frank v. Becker, 320 Mo. 1087, 9 S.W.2d 153, 154; Houts' Missouri Pleading and Practice, Vol. 4, Sec. 1091, p. 6 State e......
  • Hull v. Pleasant Hill Sch. Dist., WD 79302 and WD 79318.
    • United States
    • Court of Appeal of Missouri (US)
    • June 6, 2017
    ...real property." Id. (citation omitted). This principle can be traced back to State ex rel. and to Use of Crites v. Short, 351 Mo. 1013, 174 S.W.2d 821, 822 (Mo. 1943), where the supreme court indicated that a deed not properly acknowledged and recorded is not void; rather "there is no notic......
  • State ex rel. Pisarek v. Dalton, No. 38093
    • United States
    • Missouri Court of Appeals
    • April 5, 1977
    ...of the writ of mandamus is to enforce, not establish, a claim of right, State ex rel. and to use of Crites v. Short, 351 Mo. 1013, 174 S.W.2d 821 (1943), or as frequently stated, to execute, not to adjudicate. State ex rel. Phillip v. Public School Retirement System of City of St. Louis, 36......
  • Request a trial to view additional results

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