Williams v. Hudson

• Decision Date: 19 December 1887
• Parties: WILLIAMS et al. v. HUDSON et al.
• Court: Missouri Supreme Court

6 S.W. 261

93 Mo. 524

WILLIAMS et al. v. HUDSON et al.

Supreme Court of Missouri.

December 19, 1887.

1. TAXATION — COLLECTION BY SUIT — PARTIES — BENEFICIARIES IN TRUST DEED.

In an action to foreclose a tax lien on land held under a trust deed, the beneficiaries named in the deed, or, if they be dead, their representatives, must be made defendants, and, if they be not, a judgment taken will be void as to them.

2. SAME — SERVICE OF SUMMONS BY PUBLICATION — SUFFICIENCY.

Taxes being due on real estate for several years, the lien for them was foreclosed, and some defendants were notified of the proceedings by publication, which correctly set forth the property and the amount claimed, but omitted to state one of the years for which taxes were due. Held, that the omission was not material.

3. SAME — DEFECT OF PARTIES — EFFECT ON JUDGMENT.

A judgment, foreclosing a tax lien on real estate, which is void as to certain parties who had not been made defendants, is still valid as to parties who had been notified of the proceedings by publication.

4. SAME — ACTION TO SET ASIDE DEED — RIGHT TO MAINTAIN.

Property held upon trust was sold for taxes, but the deed of trust was not foreclosed by the tax judgment, because the beneficiaries had not been made defendants. Subsequent to the tax deed, the plaintiffs purchased the property from the trustee, and sought to have the tax judgment and deed set aside. Held, that the tax sale would not be set aside, as it was not void as to the plaintiffs, and because they had made no offer to redeem, though entitled to do so.

Appeal from St. Louis circuit court; AMOS M. THAYER, Judge.

This suit was brought by John H. Williams and another against N. C. Hudson and another to set aside a tax sale of land. The judgment below was in plaintiffs' favor. The defendants appeal.

J. Bell and M. Hilton, for appellants. E. T. Farish, for respondents.

BLACK, J.

This was a suit in equity to remove a cloud from the plaintiffs' title to the described premises. The evidence discloses the following facts: On the second October, 1871, John F. O'Brien, being the owner of the property in question, conveyed the same to Luther Babcock, in trust to secure a note of $2,000 payable to Alexis O. Bougher, and two notes of $400 each payable to John Crapster. John F. O'Brien died testate, and John O'Brien and Michael O'Brien are the devisees of the property. Thereafter, and in May, 1881, a suit was commenced in the St. Louis circuit court in the name of the state, at the relation of the collector, against the above-named devisees of John F. O'Brien, the above-named beneficiaries in the deed of trust, and the trustee, to foreclose the lien of the state for taxes on the property for the years 1869 to 1879, both inclusive. Judgment was rendered on the twenty-second March, 1882, and, by virtue of an execution issued thereon, the sheriff sold the property to Tanner, in June, 1882, who conveyed the same to one of the defendants. In this tax suit, Babcock, the trustee, was personally served with summons; the devisees under the will of John F. O'Brien, and the beneficiaries in the deed of trust, were notified by publication; but both of the beneficiaries were dead when the suit was commenced. Afterwards, and in July, 1882, Farish as substituted trustee in the deed of trust, sold the property to the plaintiffs, who are now in possession of the premises. It is the tax judgment, and deed made thereunder, which plaintiffs say is a cloud upon their title, and which they ask to have removed.

As the representatives of Bougher and Crapster were not made defendants in the tax suit, and as Bougher and Crapster were dead when that suit was commenced, the judgment as to them and their...