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Case Information

Filed 2022-01-27
Type Cc Quiet Title
Docket 36 entries
Disposition tried by court-civil

Parties

Plaintiff Hunt, Jesse N.|Albrecht, William E
Defendant Bryan Maguire Trust Dated June 23, 2008|Maguire, Susan A|Maguire, Kenneth M
Photo of Hon. Walsh Joseph L Iii

Judge

Hon. Walsh Joseph L Iii

St. Louis County (MO)

Missouri

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Lawyers

Docket Entries

  1. <td></td><td></td><td></td>
  2. Certif Copies/Leg File Prepard 1 CERTIFIED COPY OF REQUESTED INFORMATION MAILED TO W. ALBRECHT.
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  4. Note to Clerk eFiling Filed By: WILLIAM E ALBRECHT
  5. Request Filed Request for Certified Copy. Filed By: WILLIAM E ALBRECHT On Behalf Of: JESSE N. HUNT
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  7. Judgment Entered MOTION FOR PLAINTIFF, JESSE HUNT, FOR ENTRY OF FINAL JUGMENT IS GRANTED AS FOLLOWS: ON JANUARY 27, 2022 PLAINTIFF JESSE HUNT, FILED PLAINTIFF'S PETITION AND AFFIDAVIT TO QUIET TITLE AND FOR DECLARATORY JUDGMENT IN THE ABOVE-CAPTIONED CASE. THEREAFTER, DEFENDANTS, BRYAN MAGUIRE TRUST DATED JUNE 23, 2008, SUSAN MAGUIRE AND KENNETH MAGUIRE WERE PERSONALLY SERVED WITH SUMMONS AND A COPY OF PLAINTIFF'S PETITION. NO DEFENDANT HAS FILED AN ANSWER OR OTHER REPLY TO THE PETITION AND ALL DEFENDANTS ARE IN DEFAULT. THE REAL PROPERTY WHICH IS THE SUBJECT MATTER OF THIS ACTION IS LOCATED IN ST. LOUIS COUNTY, MISSOURI, AND IS COMMONLY KNOWN AND NUMBERED AS 101 KINGSTON DRIVE A. THE LEGAL DESCRIPTION IS DESCRIBED AS: ALL THAT PART OF LOT 1 IN BLOCK 1 OF CARLAT PLACE, A SUBDIVISION, THE PLAT OF WHICH IS RECORDED IN PLAT BOOK 7 PAGE 64 OF THE RECORDS OF THE CITY (FORMER COUNTY) OF ST. LOUIS, LYING NORTHWEST OF THE NORTHWEST LINE OF KINGSTON DRIVE, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1, IN THE SOUTH LINE OF ELLEN AVENUE; THENCE EASTWARDLY ALONG THE SOUTH LINE OF ELLEN AVENUE, 26.63 FEET TO THE NORTHWEST LINE OF KINGSTON DRIVE; THENCE SOUTHWESTWARDLY ALONG THE NORTHWEST LINE OF SAID DRIVE, 45.35 FEET TO THE WEST LINE OF SAID LOT 1; THENCE NORTHWARDLY ALONG THE WEST LINE OF SAID LOT 1, A DISTANCE OF 36.65 FEET TO THE POINT OF BEGINNING, ACCORDING TO A SUVERY THEREOF EXECUTED BY THE ELBRING SURVEYING COMPANY ON OCTOBER 8, 1953. LOCATOR NO. 28G430413. THIS COURT HAS JURISDICTION OVE RHTE PARTIES AND SUBJECT MATTER OF THIS ACTION. ON OR ABOUT JULY 16, 2008, THE SAID REAL PROPERTY WAS CONVEYED BY QUIT CLAIM DEED BY BRYAN MATTHEW MAGUIRE, AS GRANTOR, TO DEFENDANT BRYAN MAGUIRE TRUST DATED JUNE 23, 2008, AS GRANTEE. ON JULY 30, 2008, THE SAID QUIT CLAIM DEED WAS RECORDED BY THE ST. LOUIS COUNTY RECORDER OF DEEDS AT BOOK 17969 PAGE 700. THEREAFTER, DEFENDANT BRYAN MAGUIRE TRUST DATED JUNE 23, 2008 FAILED TO PAY THE REAL ESTATE TAXES FOR SAID REAL PROPERTY FOR TAX YEARS 2009 THROUGH 2019 INCLUSIVE. THE SAID REAL ESTATE, AFTER HAVING BEEN DULY ADVERTISED, WAS OFFERED FOR SALE FOR AT LEAST THREE CONSECTUTIVE YEARS BY THE COLLECTOR OF REVENUE FOR ST. LOUIS COUNTY FOR NON-PAYMENT OF TAXES, COSTS AND CHARGES FOR SAID YEARS, SUCH OFFERINGS BEING MADE AT THE ST. LOUIS COUNTY COUNCIL CHAMBERS OF THE ST. LOUIS COUNTY GOVERNMENT CENTER IN SAID COUNTY AND STATE. AT THE SAID OFFERINGS, NO PERSON OFFERED A SUM EQUAL TO THE SAID DELINQUENT TAXES WITH INTEREST, PENALTY AND COSTS. ON OR ABOUT SEPTEMBER 4, 2020, THE COLLECTOR OF REVENUE OF ST. LOUIS COUNTY, MISSOURI ACCEPTED PLAINTIFF'S OFFER TO PURCHASE THE SAID REAL PROPERTY FOR THE SUM OF $523.17 AND ISSUED A COLLECTOR'S DEED FOR TAXES NAMING PLAINTIFF AS THE LEGAL OWNER OF THE SAID REAL ESTATE. THE SAID COLLECTOR'S DEED FOR TAXES WAS RECORDED WITH THE ST. LOUIS COUNTY RECORDER OF DEEDS ON SEPTEMBER 17, 2020, AT BOOK 24177 PAGE 0034. DEFENDANT BRYAN MAGUIRE TRUST DATED JUNE 23, 2008 WAS THE RECORD OWNER OF THE SAID REAL PROPERTY WHEN PLAINTIFF PURCHASED IT ON SEPTEMBER 4, 2020. ON INFORMATION AND BELIEF, PLAINTIFF STATES THAT BRYAN MATTHEW MAGUIRE ASL KNOWN AS BRYAN M. MAGUIRE WAS THE SETTLOR AND CREATOR OF THE BRYAN MAGUIRE TRUST DATED JUNE 23, 2008; THAT THE SAID BRYAN MAGUIRE WAS SINGLE AND UNMARRIED WHEN HE CREATED SAID TRUST ON JUNE 23, 2008 THAT BRYAN MAGUIRE WAS SINGLE AND UNMARRIED WHEN HE DIED IN PRISON ON AUGUST 18, 2018 THAT DEFENDANT SUSAN MAGUIRE IS THE SOLE TRUSTEE OF SAID TRUST AND DEFENDANTS SUSAN MAGUIRE AND KENNETH MAGUIRE ARE AND HAVE BEEN THE SOLE BENEFICIARIES OF SAID TRUST SINCE THE DEATH OF BRYAN MAGUIRE. EACH OF THE DEFENDANTS CLAIMS, OR MAY CLAIM, TO HAVE INTEREST TO AND IN THE REAL PROPERTY WHICH IS THE SUBJECT MATTER OF THIS ACTION. THE COURT FINDS THAT NO DEFENDANT HEREIN HAS ANY RIGHT, TITLE OR INTEREST TO THE OR IN THE REAL PROPERTY WHICH IS THE SUBJECT MATTER OF THIS ACTION. NOW, THEREFORE, THE COURT BEING FULLY ADVISED
  8. Tried by Court-Civil Associated Entries: 04/08/2022 - Motion Hearing Scheduled Scheduled For: 04/12/2022; 10:00 AM; JOSEPH L. WALSH III ; St Louis County
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  10. Motion Hearing Scheduled Associated Entries: 04/12/2022 - Tried by Court-Civil Scheduled For: 04/12/2022; 10:00 AM; JOSEPH L. WALSH III ; St Louis County
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  12. Notice of Hearing Filed Notice of Hearing. Filed By: WILLIAM E ALBRECHT On Behalf Of: JESSE N. HUNT
  13. Motion Filed Plaintiffs Motion for Entry of Final Judgment; Exhibit 1. Filed By: WILLIAM E ALBRECHT On Behalf Of: JESSE N. HUNT
  14. <td></td><td></td><td></td>
  15. Summons Personally Served Document ID - 22-SMCC-1248; Served To - BRYAN MAGUIRE TRUST DATED JUNE 23, 2008; Server - ; Served Date - 05-MAR-22; Served Time - 00:00:00; Service Type - Special Process Server; Reason Description - Served
  16. Summons Personally Served Document ID - 22-SMCC-1249; Served To - MAGUIRE, SUSAN A; Server - ; Served Date - 05-MAR-22; Served Time - 00:00:00; Service Type - Special Process Server; Reason Description - Served
  17. Summons Personally Served Document ID - 22-SMCC-1250; Served To - MAGUIRE, KENNETH M; Server - ; Served Date - 02-MAR-22; Served Time - 00:00:00; Service Type - Special Process Server; Reason Description - Served
  18. <td></td><td></td><td></td>
  19. Notice of Service Return on Service of Summons. Filed By: WILLIAM E ALBRECHT On Behalf Of: JESSE N. HUNT
  20. Other Proposed Document Filed Proposed Docket Entry. Filed By: WILLIAM E ALBRECHT On Behalf Of: JESSE N. HUNT
  21. Notice of Service Return on Service of Summons. Filed By: WILLIAM E ALBRECHT On Behalf Of: JESSE N. HUNT
  22. Other Proposed Document Filed Proposed Docket Entry. Filed By: WILLIAM E ALBRECHT On Behalf Of: JESSE N. HUNT
  23. Notice of Service Return on Service of Summons. Filed By: WILLIAM E ALBRECHT On Behalf Of: JESSE N. HUNT
  24. Other Proposed Document Filed Proposed Docket Entry. Filed By: WILLIAM E ALBRECHT On Behalf Of: JESSE N. HUNT
  25. <td></td><td></td><td></td>
  26. Summons Issued-Circuit Document ID: 22-SMCC-1250, for MAGUIRE, KENNETH M.Summons Attached in PDF Form for Attorney to Retrieve from Secure Case.Net and Process for Service.
  27. Summons Issued-Circuit Document ID: 22-SMCC-1249, for MAGUIRE, SUSAN A.Summons Attached in PDF Form for Attorney to Retrieve from Secure Case.Net and Process for Service.
  28. Summons Issued-Circuit Document ID: 22-SMCC-1248, for BRYAN MAGUIRE TRUST DATED JUNE 23, 2008.Summons Attached in PDF Form for Attorney to Retrieve from Secure Case.Net and Process for Service.
  29. Motion Special Process Server Request for Appointment of Special Process Server. Filed By: WILLIAM E ALBRECHT On Behalf Of: JESSE N. HUNT
  30. <td></td><td></td><td></td>
  31. Judge/Clerk - Note NO SUMMONS ISSUED DUE TO THE SPECIAL PROCESS SERVER FORM MISSING THE SECOND PAGE WHICH INCLUDES LOCAL RULE 28. AS OF AUGUST 26, 2019, THE PAGE INCLUDING LOCAL RULE 28 IS REQUIRED AT THE TIME OF E-FILING. E-FILE A CORRECTED SPECIAL PROCESS SERVER FORM INCLUDING THE 2ND PAGE, WHICH IS LOCATED ON THE SAINT LOUIS COUNTY COURTS WEBSITE. ONCE THE CORRECT SPS FORM IS E-FILED, CONTACT THE CLERK AT 615-8434 SO THE SUMMONS CAN BE ISSUED.
  32. <td></td><td></td><td></td>
  33. Motion Special Process Server Request for Appointment of Special Process Server. Filed By: WILLIAM E ALBRECHT
  34. Confid Filing Info Sheet Filed Civil Filing Information Sheet. Filed By: WILLIAM E ALBRECHT On Behalf Of: JESSE N. HUNT
  35. Filing Info Sheet eFiling Filed By: WILLIAM E ALBRECHT
  36. Pet Filed in Circuit Ct Petition and Affidavit to Quiet Title and for Declaratory Judgment; Exhibit 1; Exhibit 2; Exhibit 3. Filed By: WILLIAM E ALBRECHT On Behalf Of: JESSE N. HUNT

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