188 S.W.2d 54 | Mo. | 1945
Lead Opinion
Fannie Daniel and C.G. Daniel, Jr., as executor of the estate of C.G. Daniel, Sr., deceased, instituted this suit against J.E. Mollett, Lester H. McFarling and Elsie McFarling, his wife, to quiet title to 53 acres of land in Audrain county, Missouri; and to cancel a delinquent tax sale deed, and for damages. The court found for the plaintiffs, awarding damages on the basis of $2 per acre per annum until possession be restored. The real estate was sold under the Jones-Munger delinquent tax law (Laws 1933, p. 425 et seq.; Secs. 11108 et seq., R.S. 1939) at its third offering on November 2, 1942. Defendants bid the land in for $205. The taxes then due and payable amounted to $430.10. The trial court found the value of the land to be "in excess of $1060." The defendants have been before this court in a like role in the reported case of Kennen v. McFarling,
[1] Defendants claim the land should be valued at $750 on the ground there was testimony that plaintiffs had agreed to sell it for $750 if they won the suit. While this was before the court for consideration, there was other evidence putting the value of the land at $1325 and as high as $1590. The court's finding of a value "in excess *52 of $1060" is supported by the greater weight of the evidence of record.
[2] Several cases have observed the Jones-Munger act contemplates that the bid at a tax sale thereunder should be sufficient to pay the delinquent taxes, interest, and charges where the reasonable value of real estate is greater than that amount. Bussen Realty Co. v. Benson (Banc),
The trial court considered the bid of $205 to be so much less than the $430.10 taxes due and so grossly inadequate as to constitute in and of itself a fraud upon the plaintiffs and the State of Missouri. As stated there was evidence establishing a value up to $1590. Defendants argue that the bid of $205 constituted a greater percentage of the value than the bid in cases relied upon to set the sale aside. However, no authorities are cited establishing [56] reversible error. State ex rel. v. Innes,
[3] Complaint is made of the allowance of $2 per acre per annum as the rental value of the land. The record does not justify overturning this finding of fact. There was evidence to sustain it. A crop worth about $600 was taken off the 53 acres in 1943.
The judgment is affirmed. Westhues and Barrett, CC., concur.
Addendum
The foregoing opinion by BOHLING, C., is adopted as the opinion of the court. All the judges concur.