Mason v. Whyte

660 S.W.2d 383, 1983 Mo. App. LEXIS 3617
CourtMissouri Court of Appeals
DecidedOctober 11, 1983
DocketNo. 46592
StatusPublished
Cited by8 cases

This text of 660 S.W.2d 383 (Mason v. Whyte) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mason v. Whyte, 660 S.W.2d 383, 1983 Mo. App. LEXIS 3617 (Mo. Ct. App. 1983).

Opinion

JAMES K. PREWITT, Special Judge.

Appellant sought to quiet title to land she purchased at a tax sale and to eject respondents Brown from the property. The trial court denied appellant’s requests, holding that the sale was invalid because the notice of it did not contain the names of all the owners of the property and that the consideration paid by appellant for the land was “so grossly inadequate as to be unconscionable”. It also held that the collector’s deed was void because its legal description was insufficient. This court has jurisdiction because this matter can be determined by applying the revenue laws and not construing them. See Leuck v. Russell, 632 S.W.2d 40, 41 (Mo.App.1982).

On January 1, 1972, Robert A. Prater and his wife, Hazel M. Prater, were the record owners of the property. It was assessed for taxes of $28.01 for 1972, and when they were not timely paid they were entered in the Jefferson County Land Tax Book as delinquent by “Prater, Robert A. and wife”. On April 4, 1972, by deed recorded May 25, 1972, the Praters conveyed their interest in the property to Truman L. Evans and Mary R. Evans, his wife. The Evanses conveyed the property to respondents Whyte by deed dated April 14, 1977, and recorded April 19, 1977.

Because of nonpayment of the 1972 taxes the property was advertised and sold by the Jefferson County Collector to appellant on August 25, 1975, for $75. Appellant received a certificate of purchase and upon presenting the certificate to the Jefferson County Collector, she received a collector’s deed on September 1, 1977. That deed was recorded on September 6, 1977. It described the property purchased and conveyed as being “situate in the County of Jefferson, and State of Missouri, and described as follows, namely:

Echo Valley Ranch Sub. of Lot 22
Lot 22D
School Dist. R — 1 Road Dist. 16”

Respondents Whyte moved onto the property in the late summer of 1977 and resided there until 1980. In March 1980 they moved from the property and respondents Brown, the sister and brother-in-law of Mrs. Whyte, moved onto the property as “caretaker” for the Whytes. On November 3,1980, a real estate broker acquaintance of appellant wrote respondent Toman Whyte concerning appellant’s claim to the property. Respondents Whyte presented undisputed evidence that this was the first actual notice they had of the unpaid 1972 taxes or that any problem existed with respect to their ownership of the property. On December 2, 1981, appellant brought suit to quiet title to the property as against respondents and to eject respondents Brown from it. Respondents Whyte filed a “cross-bill” seeking to have the tax deed declared void and asking that fee simple title to the property be declared in them.

Appellant’s collector’s deed is prima facie evidence of valid title in fee simple in her and respondents challenging that deed have the burden of proving its invalidity. [386]*386§ 140.460.2

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Bluebook (online)
660 S.W.2d 383, 1983 Mo. App. LEXIS 3617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mason-v-whyte-moctapp-1983.