York v. Horner, 564 S.W.3d 641

The Horners have been the recorded owners of Lot 14 since 1999. A 20' x ~163' strip (the disputed property) adjoins Lot 14 and provides access from Lot 15 to Wilbert Road.
York purchased Lot 15 at a tax sale (third offering), received a certificate in Aug. 2013, and a collector's deed in Feb. 2014; he recorded the deed immediately.
The Horners asserted they had acquired the disputed strip by adverse possession (10+ years) and maintained a retaining wall extending ~7.1' into the strip.
York sued to quiet title to Lot 15 and pled ejectment to remove the wall; the Horners counterclaimed quiet title by adverse possession and alleged unclean hands.
The trial court found the Horners had title by adverse possession but, for equity, awarded only an 8' strip to the Horners and the remainder to York.
The court of appeals reversed, holding York’s collector’s deed gave prima facie fee simple title that the Horners failed to rebut; ejectment damages were remanded as factual issues remained.

Issue	York's Argument (Plaintiff)	Horners' Argument (Defendant)	Held
Whether a collector's deed issued after the redemption period defeats an adverse possessor's title	Collector's deed is prima facie fee simple title; adverse possessor had opportunity to redeem and did not; deed survives absent proof of statutory defect or actual notice	Horners: their open, notorious possession provided inquiry/actual notice that should defeat the tax sale or deed	Collector's deed prevails; Horners failed to rebut prima facie title; their adverse possession did not survive the tax sale
Whether summary judgment on York's ejectment claim was proper	York: because title vested in him by collector's deed, ejectment and damages remain to be adjudicated	Horners: summary judgment granted below in their favor (based on adverse possession)	Court reversed summary judgment for Horners on ejectment and remanded for factual determination of damages and related issues

ITT Commercial Fin. Corp. v. Mid-Am. Marine Supply Corp., 854 S.W.2d 371 (Mo. banc 1993) (standard of review for summary judgment)
Hobson v. Elmer, 163 S.W.2d 1020 (Mo. 1942) (operation of Jones-Munger Act and tax-sale procedures)
La Grange Reorganized Sch. Dist. No. R-VI v. Smith, 312 S.W.2d 135 (Mo. 1958) (adverse possession vests indefeasible title after statutory period)
Gulley v. Waggoner, 164 S.W. 557 (Mo. 1914) (inquiry notice principles pre-Jones-Munger Act)
Adams v. Gossom, 129 S.W. 16 (Mo. 1910) (purchaser's knowledge of unjoined parties affecting tax-sale rights)
Trailwoods Homeowners' Ass'n v. Scott, 938 S.W.2d 669 (Mo. App. E.D. 1997) (burden to prove tax deed invalidity)
Lohr v. Cobur Corp., 622 S.W.2d 270 (Mo. App. E.D. 1981) (publication notice under Jones-Munger Act is substitute for naming parties)
Powell v. St. Louis County, 559 S.W.2d 189 (Mo. banc 1977) (policy against injecting new duties on tax-sale purchasers)