Page:Federal Reporter, 1st Series, Volume 8.djvu/806

792 FBDBBAL BEPOETBR. judgraent obtained under these circum stances, and no opportunity to review the decision, is not satisfactory and may be unjust. It makes no difference that the plaintiff rejected the offer to postpone the case. The judgment may be the resuit of a confliet in opinion between the judge presiding at the trial and the other judges of the court, and the plaintiff unable to ascertain which is correct. A new trial la granted, and it is so ordered. Gbeenwalt V. TuoKEE and others. (Circuit Court, E. D. Missouri. September 27, 1881.) 1. RBvmroE Acrs of Missouei of Maech 3, 1872, akd Mabch 21, 1873— AasRss- losNT OF Taxes. The Missouri revenue aets of 1872 and 1873 require land situate in St Louis county to be assessed, not numerically, but alphabetically, in the name of the person owning or holding it, and such person is liable for the taxes thereon. 2. Same — Samb. Where a person who has purchased a piece of land gives a deed of trust thereon to secure the purchase money, but remains in possession , he does not cease to be the owner or holder of the property withln the meaning of said statutes. S. Samk — Samb. Said statutes authorize proceedings against the realty itself. 4. Samb— Samb— Ejbotmbnt—Epfeot of a Sale fob Taxes th-on the Kights OF PaBTIES CLAmiNG DNDEB A DBED DP TllUST AND CoNVEYANCES TheKE- umoEB. Where A. bought land from B. and gave his note for the purchase-money, and a deed of trust on said land to secure their payaient, and entered into and remained in possession until certain taxes were assessed in A. 's name and levied thereon, under said statutes ; and where E, the trustee named ih said deed of trust, liad, in pursuance of its terms, sold said land, after said assessment and levy, to B., because of A.'8 failure to pay said notes, and B. had taken imme- diate possession and thereafter conveyed liis interest to other parties ; and where said land was thereafter sold for said taxes assessed as aforesaid, and deeds therefor executed and delivered to the purchaser,*-Ae?£Z, that said tax deeds not only conveyed A. 's interest, but also the interest of all persons holding under said deed of trust and said conveyance to B. This is an action of ejectment. The plaintiff claims through mesne con- veyances under two tax deeds, one of which was for the taxes of 1872, assessed on the land in question in the name of Mary A. Musser, under the revenue act of the Missouri legislature, approved March 3, 1872 ; and the other for the taxes of 1875, assessed against the same land, in the same name, and under the same act, as amepded by revenue act approved March 21, 1873. Mrs. Musser bought said land from Charles Gibson, and gave a deed of trust thereon to secure the purchase money, L. H. Conn being named therein as trustee. The indebtedness to Gibson was evidenced by certain promissory notes, and,