McGurry v. Wall
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. Action on special tax bill, lot 1, in block 5, in Hall’s addition to the city of St. Joseph, being the subject of the tax. At the instance of the appealing defendants, Jennie Wall was made a codefendant. All of the parties defendant claim title to the lot under the will of Robert Wall, which so far as necessary to quote, is the following: “jFifth.
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Appeal from Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. Action on special tax bill, lot 1, in block 5, in Hall’s addition to the city of St. Joseph, being the subject of the tax. At the instance of the appealing defendants, Jennie Wall was made a codefendant. All of the parties defendant claim title to the lot under the will of Robert Wall, which so far as necessary to quote, is the following: “jFifth. I devise and bequeath to my said wife, lot one in block 5, in Hall’s second addition to the city of St. Joseph, Missouri, same being our present residence, for and during her life,…
1Opinion of the CourtSherwood, J.
I. The validity of the special tax bill will not be discussed, because the appealing defendants in one of their declarations of law, to wit, ‘ ‘that said Jennie is just and legally bound to pay said tact bill sued on, and her interest or estate in said lot should be first subjected to the payment of the same,” admit thereby the legal validity of said bill, and, after having tried the case on that theory, will not be permitted now to change front and contest the validity of that which they had theretofore admitted.
If the tax bill was such that Jennie was justly and legally bound to pay it,…
2Cases cited1 opinion
- Mourning v. Missouri Coal & Mining Co.Supreme Court of Missouri · 1889
3Cited by15 opinions
- Modern Woodmen of America v. AngleMissouri Court of Appeals · 1907
- Hunt v. Chicago, Milwaukee, St. Paul & Pacific RailroadSupreme Court of Missouri · 1949
- Griffin v. Boston & Maine RailroadSupreme Court of Vermont · 1913
- Taylor v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Supreme Court of Missouri · 1933
- Moss v. Kansas City Life Ins. Co.Court of Appeals for the Eighth Circuit · 1938
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