Lemon v. Shepard
Missouri Court of Appeals
Appeal from Adair Circuit Court. — Hon. Nat M. Shelton, Judge. (1) The court erred in rendering judgment against appellants for the amount of the alleged tax bill for the reason that same was void, in this that there was no advertisement for bids as directed by the ordinance authorizing the construction of the sewer. Keane v. Cushing, 15 Mo. App. 101; Galbreath v. Newton, 30 Mo. App. 394; Excelsior Springs v. Ettenson, 120 Mo. App. 223, 224; Clapton v. Taylor, 49 Mo.
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Appeal from Adair Circuit Court. — Hon. Nat M. Shelton, Judge. (1) The court erred in rendering judgment against appellants for the amount of the alleged tax bill for the reason that same was void, in this that there was no advertisement for bids as directed by the ordinance authorizing the construction of the sewer. Keane v. Cushing, 15 Mo. App. 101; Galbreath v. Newton, 30 Mo. App. 394; Excelsior Springs v. Ettenson, 120 Mo. App. 223, 224; Clapton v. Taylor, 49 Mo. App. 126; Michel v. Taylor, .143 Mo. App. 683. (2) The court erred in holding said tax bill to be a lien against the property…
1Opinion of the CourtJohnson, J.
Action for breach of warranty. In a warranty deed conveying land in the city of Kirks-' ville, defendants, the grantors covenanted with plaintiff, the grantee, that the land was free from all but certain specified encumbrances. At that time a special tax bill had been issued against it by the city on account of the construction of a district sewer and, if valid, was an encumbrance defendants were bound to remove. They refused, or, at least, failed to pay the bill and plaintiff paid it and brought this suit to recover the sum thus expended. The important defense is that the tax bill was…
2Cases cited4 opinions
- City of Excelsior Springs v. EttensonMissouri Court of Appeals · 1906
- People Ex Rel. Ream Pavement Co. v. Board of Improvement of Union StreetNew York Court of Appeals · 1870
- City of Webb City v. AylorMissouri Court of Appeals · 1912
- Michel v. TaylorMissouri Court of Appeals · 1910
3Cited by3 opinions
- Callihan v. MontriefCourt of Appeals of Texas · 1934
- City of Kirksville Ex Rel. Eggert v. HarringtonMissouri Court of Appeals · 1930
- Callihan v. MontriefCourt of Appeals of Texas · 1934