Wolf v. Brooks
| Decision Date | 01 June 1915 |
| Citation | 177 S.W. 337 |
| Parties | WOLF v. BROOKS. |
| Court | Missouri Supreme Court |
Appeal from Circuit Court, Oregon County; W. N. Evans, Judge.
Suit by S. L. Wolf against O. M. Brooks. Judgment for the defendant on demurrer to the petition, and plaintiff appeals. Affirmed.
E. P. Dorris, of Alton, for appellant.
This is a suit in equity, begun in the circuit court of Oregon county, to set aside a judgment for fraud. A general demurrer to the petition was sustained, plaintiff declined to plead further, judgment was rendered for defendant, and this appeal followed.
The allegations of the petition necessary to an understanding of the question presented by appellant's brief are: That in 1899 respondent purchased the land in question here at a tax sale alleged to be void because in the order of publication appellant's initials were transposed; that in 1904 he brought suit against plaintiff to quiet title, and, the petition alleges:
"By reason solely claiming and representing to the court that he was the owner in fee simple of said premises by and through a tax deed conveying the right, title, and interest of this plaintiff therein, as the true owner thereof, when in truth and in fact he, the defendant herein, did not own or hold said premises by or through a tax deed conveying the right, title, or interest of plaintiff herein to said premises; that upon the trial of said cause, and in order to secure said judgment, defendant herein claimed and represented to the court that he was the true owner of said premises, when in truth and in fact he did not own said premises and had no valid right, title, or interest therein, and by reason of said false claims and representations, so made as aforesaid, misled and deceived and imposed upon the court and thereby fraudulently procured said judgment, which would not have been secured and rendered, and in good conscience should not and could not have been secured and rendered, if the true facts, as they existed, as to the owner of said premises, had been known and presented to the court; that to permit said judgment to stand, and thereby through and under its force and effect, solely and alone, vest the title to said premises in this defendant, would * * * amount to depriving plaintiff of his property without due process of law. * * *"
Plaintiff further stated that he had no actual knowledge of the suit to quiet title or of the back tax suit.
The invalidity of the tax judgment may be conceded,...
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Derossett v. Marsh
...for reasonable doubt of its existence. Lieber v. Lieber, 239 Mo. 1, 31, and cases therein cited; Brown v. Crawford, 183 S.W. 655; Wolf v. Brooks, 177 S.W. 337; v. McCormick et al., 19 S.W.2d 654, 658; Craig v. Bright, 213 S.W. 845; National Union Fire Ins. Co. v. Vermillion, 19 S.W.2d 776; ......
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Robison v. Floesch Construction Co.
...Co., 121 Mo. 630; Murphy v. DeFrance, 101 Mo. 151; Hancock v. Blackwell, 139 Mo. 453; Cantrell v. Johnson, 236 Mo. 575, 600; Wolf v. Brooks, 177 S.W. 337. In this case plaintiff neither pleaded nor proved any material facts represented to plaintiff by defendant, false or otherwise. Coal Co.......
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Derossett v. Marsh
...reasonable doubt of its existence. Lieber v. Lieber, 239 Mo. 1, l.c. 31, and cases therein cited; Brown v. Crawford, 183 S.W. 655; Wolf v. Brooks, 177 S.W. 337; Elliott v. McCormick et al., 19 S.W. (2d) 654, l.c. 658; Craig v. Bright, 213 S.W. 845; National Union Fire Ins. Co. v. Vermillion......
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Fadler v. Gabbert
... ... These cases are decisive of the case at bar. Gallagher v ... Chilton, 192 S.W. 409; Wolfe v. Brooks, 177 ... S.W. 337; Shemwell v. Bettis, 174 S.W. 390; ... Rogers v. Dent, 239 S.W. 1075; McDonald v ... McDaniel, 242 Mo. 176, 145 S.W ... equity to set aside judgments for fraud are: Shemwell v ... Betts, 264 Mo. 268, 174 S.W. 390; Gallagher v ... Chilton, 192 S.W. 409; Wolf" v. Brooks, 177 S.W ... 337; Payne v. O'Shea, 84 Mo. 129; Wabash ... Railroad Co. v. Mirrielees, 182 Mo. 126, 81 S.W. 437 ... \xC2" ... ...