Suit to quiet title--duty of court where title invalid.
140.330. 1. Any person holding any deed of lands or lotsexecuted by the county collector for the nonpayment of taxes, maycommence a suit in the circuit court of the county where suchlands lie, to quiet his title thereto, without taking possessionof such lands, and all parties who have, or claim to have, orappear of record in the county where such land or lot issituated, to have any interest in, or lien upon, such lands orlots, shall be made defendants in such suit, and no outstandingunrecorded deed, mortgage, lease or claim shall be of any effectas against the title or right of the complainant as fixed anddeclared by the decree made in such cause.
2. The court shall examine into the facts, and if upon thehearing of such cause it shall appear that the complainant'stitle was or is invalid for any cause, such suit shall not bedismissed by the court, but the court, in cases where the tax wasdue and unpaid, or where the complainant's title was invalid fordefect or uncertainty of description shall ascertain the amountdue the complainant, for principal and interest, to be computedat not to exceed ten percent per annum, and from whom due, andshall decree the payment thereof within a reasonable time by theowner of such land, the owner of any life estate therein, or anyother person in possession as lessee thereof and owing such sumascertained, and in default thereof shall direct that suchleasehold, life estate and land or lot be sold therefor, and thatthe equity and right of redemption of all defendants in suchsuit, and all persons claiming under them shall be foreverforeclosed.
3. In any such sale the rents and profits of said land for aterm not exceeding seven years shall be first offered for saleand on failure to realize a sum sufficient to discharge said lienand cost of sale, then the interest of the person so adjudged tobe owing the amount so ascertained shall be next offered forsale; on failure to realize therefrom a sum sufficient todischarge said lien and cost of sale then the life estate in suchland together with the interest of the person adjudged to beowing the amount so ascertained shall be next offered for saleand on failure to realize a sum sufficient to discharge said lienand costs of sale, then, finally, the fee simple of such landshall be offered for sale. In case of the sale of such land orany part or parcel thereof or any interest therein, the sheriffshall upon the receipt of the purchase money execute to thepurchaser a deed in fee simple, or a lease for the unexpired termof the interest so sold, as the case may be, and there shall beno redemption from any such sale, and the purchaser shall havethe right of immediate possession of such land or lot.
4. At such sale if such land or any part or parcel thereofor any interest therein be sold for a sum in excess of the lienand cost, then such surplus shall be paid over to the person orpersons lawfully entitled thereto as such rights are determinedby the court in its decree in said cause.
5. If the court shall upon the hearing of such causedetermine the title of the complainant to be valid it shall sodecree. In all proceedings under this section, the rules ofpleading, process and procedure, together with rights of appealand proceedings on appeal, now or that may hereafter in thisstate be applicable to suits to quiet title, when notinconsistent with or contradictory to the provisions of thischapter, shall prevail. The remedies granted by this section andsection 140.570 shall not be held exclusive but in addition toany applicable remedies now or hereafter existing.
Suit to quiet title--duty of court where title invalid.
140.330. 1. Any person holding any deed of lands or lotsexecuted by the county collector for the nonpayment of taxes, maycommence a suit in the circuit court of the county where suchlands lie, to quiet his title thereto, without taking possessionof such lands, and all parties who have, or claim to have, orappear of record in the county where such land or lot issituated, to have any interest in, or lien upon, such lands orlots, shall be made defendants in such suit, and no outstandingunrecorded deed, mortgage, lease or claim shall be of any effectas against the title or right of the complainant as fixed anddeclared by the decree made in such cause.
2. The court shall examine into the facts, and if upon thehearing of such cause it shall appear that the complainant'stitle was or is invalid for any cause, such suit shall not bedismissed by the court, but the court, in cases where the tax wasdue and unpaid, or where the complainant's title was invalid fordefect or uncertainty of description shall ascertain the amountdue the complainant, for principal and interest, to be computedat not to exceed ten percent per annum, and from whom due, andshall decree the payment thereof within a reasonable time by theowner of such land, the owner of any life estate therein, or anyother person in possession as lessee thereof and owing such sumascertained, and in default thereof shall direct that suchleasehold, life estate and land or lot be sold therefor, and thatthe equity and right of redemption of all defendants in suchsuit, and all persons claiming under them shall be foreverforeclosed.
3. In any such sale the rents and profits of said land for aterm not exceeding seven years shall be first offered for saleand on failure to realize a sum sufficient to discharge said lienand cost of sale, then the interest of the person so adjudged tobe owing the amount so ascertained shall be next offered forsale; on failure to realize therefrom a sum sufficient todischarge said lien and cost of sale then the life estate in suchland together with the interest of the person adjudged to beowing the amount so ascertained shall be next offered for saleand on failure to realize a sum sufficient to discharge said lienand costs of sale, then, finally, the fee simple of such landshall be offered for sale. In case of the sale of such land orany part or parcel thereof or any interest therein, the sheriffshall upon the receipt of the purchase money execute to thepurchaser a deed in fee simple, or a lease for the unexpired termof the interest so sold, as the case may be, and there shall beno redemption from any such sale, and the purchaser shall havethe right of immediate possession of such land or lot.
4. At such sale if such land or any part or parcel thereofor any interest therein be sold for a sum in excess of the lienand cost, then such surplus shall be paid over to the person orpersons lawfully entitled thereto as such rights are determinedby the court in its decree in said cause.
5. If the court shall upon the hearing of such causedetermine the title of the complainant to be valid it shall sodecree. In all proceedings under this section, the rules ofpleading, process and procedure, together with rights of appealand proceedings on appeal, now or that may hereafter in thisstate be applicable to suits to quiet title, when notinconsistent with or contradictory to the provisions of thischapter, shall prevail. The remedies granted by this section andsection 140.570 shall not be held exclusive but in addition toany applicable remedies now or hereafter existing.
Suit to quiet title--duty of court where title invalid.
140.330. 1. Any person holding any deed of lands or lotsexecuted by the county collector for the nonpayment of taxes, maycommence a suit in the circuit court of the county where suchlands lie, to quiet his title thereto, without taking possessionof such lands, and all parties who have, or claim to have, orappear of record in the county where such land or lot issituated, to have any interest in, or lien upon, such lands orlots, shall be made defendants in such suit, and no outstandingunrecorded deed, mortgage, lease or claim shall be of any effectas against the title or right of the complainant as fixed anddeclared by the decree made in such cause.
2. The court shall examine into the facts, and if upon thehearing of such cause it shall appear that the complainant'stitle was or is invalid for any cause, such suit shall not bedismissed by the court, but the court, in cases where the tax wasdue and unpaid, or where the complainant's title was invalid fordefect or uncertainty of description shall ascertain the amountdue the complainant, for principal and interest, to be computedat not to exceed ten percent per annum, and from whom due, andshall decree the payment thereof within a reasonable time by theowner of such land, the owner of any life estate therein, or anyother person in possession as lessee thereof and owing such sumascertained, and in default thereof shall direct that suchleasehold, life estate and land or lot be sold therefor, and thatthe equity and right of redemption of all defendants in suchsuit, and all persons claiming under them shall be foreverforeclosed.
3. In any such sale the rents and profits of said land for aterm not exceeding seven years shall be first offered for saleand on failure to realize a sum sufficient to discharge said lienand cost of sale, then the interest of the person so adjudged tobe owing the amount so ascertained shall be next offered forsale; on failure to realize therefrom a sum sufficient todischarge said lien and cost of sale then the life estate in suchland together with the interest of the person adjudged to beowing the amount so ascertained shall be next offered for saleand on failure to realize a sum sufficient to discharge said lienand costs of sale, then, finally, the fee simple of such landshall be offered for sale. In case of the sale of such land orany part or parcel thereof or any interest therein, the sheriffshall upon the receipt of the purchase money execute to thepurchaser a deed in fee simple, or a lease for the unexpired termof the interest so sold, as the case may be, and there shall beno redemption from any such sale, and the purchaser shall havethe right of immediate possession of such land or lot.
4. At such sale if such land or any part or parcel thereofor any interest therein be sold for a sum in excess of the lienand cost, then such surplus shall be paid over to the person orpersons lawfully entitled thereto as such rights are determinedby the court in its decree in said cause.
5. If the court shall upon the hearing of such causedetermine the title of the complainant to be valid it shall sodecree. In all proceedings under this section, the rules ofpleading, process and procedure, together with rights of appealand proceedings on appeal, now or that may hereafter in thisstate be applicable to suits to quiet title, when notinconsistent with or contradictory to the provisions of thischapter, shall prevail. The remedies granted by this section andsection 140.570 shall not be held exclusive but in addition toany applicable remedies now or hereafter existing.
