Evarts v. Missouri Lumber & Mining Co.
Supreme Court of Missouri
Appeal. from Shannon Circuit Court. — Hon. W. N. Evans, Judge. (1) The statute law of Missouri contemplates and intends that the payment of taxes dne on land shall extinguish the tax lien, and that a sale of such land through the fault of the collector for taxes which have been paid shall not deprive the owner of his land.
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Appeal. from Shannon Circuit Court. — Hon. W. N. Evans, Judge. (1) The statute law of Missouri contemplates and intends that the payment of taxes dne on land shall extinguish the tax lien, and that a sale of such land through the fault of the collector for taxes which have been paid shall not deprive the owner of his land. R. S. 1899, secs. 9266, 9329; Hubert v. Pickier, 94 Mo. 387. (2) The existence of the tax debt is what creates the lien and gives jurisdiction to sell the land; so that if payment or tender of the taxes due be made, thenceforth the tax lien is discharged and the power to…
1Opinion of the CourtMarshall, J.
— This is an action under section 650, Revised Statutes 1899, to ascertain and declare the rights of the parties hereto to lot 3, and the west half of lots 1 and 2, and the east half of lot 4, of the northeast quarter of section 3, and the west half of lots 2, 3 and 4 of the northwest quarter of section 2, all in township 29, range 6 west, in Shannon county, Missouri: There' was a judgment for the defendant in the trial court, and the plaintiffs appealed.
THE ISSUES.
The petition alleges the corporate capacity of the defendant, and that the plaintiffs own qnd claim the fee simple title to the…
2Cases cited18 opinions
- Vance v. CorriganSupreme Court of Missouri · 1883
- Lilly v. MenkeSupreme Court of Missouri · 1894
- Bates v. HamiltonSupreme Court of Missouri · 1898
- Hamilton v. McLeanSupreme Court of Missouri · 1897
- Jones v. DriskillSupreme Court of Missouri · 1887
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3Cited by5 opinions
- Rogers v. DentSupreme Court of Missouri · 1922
- Wm. H. Johnson Timber & Realty Co. v. BeltSupreme Court of Missouri · 1932
- Mangold v. BaconSupreme Court of Missouri · 1910
- Cooper v. GunterSupreme Court of Missouri · 1908
- Mangold v. BaconSupreme Court of Missouri · 1910