Legal Opinion

Nichols v. Russell

Missouri Court of Appeals

Decided December 6, 1909PublishedCited by 2 opinions

Appeal from Jackson Circuit Court. — Eon. H. L. McOune, Judge. (1) The sale was void on account of combination Yof appellee with other bidders to prevent competitive bidding. Merritt v. Poulter, 96 Mo. 237; Durfee v. Moran, 57 Mo. 379; Neal v. Stone, 20 Mo. 296; Worten v. Hinckle, 20 Mo. 290; Brown v. Hogle, 30 Ill. 11'4; Singer Mfg. Co. y. Yarger, 12 Fed. 487; Slater v. Maxwell, 73 IT. S. 276; Herndon v. Gibson, 20 L. R. A. 545; Ker-wer y.

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Appeal from Jackson Circuit Court. — Eon. H. L. McOune, Judge. (1) The sale was void on account of combination Yof appellee with other bidders to prevent competitive bidding. Merritt v. Poulter, 96 Mo. 237; Durfee v. Moran, 57 Mo. 379; Neal v. Stone, 20 Mo. 296; Worten v. Hinckle, 20 Mo. 290; Brown v. Hogle, 30 Ill. 11'4; Singer Mfg. Co. y. Yarger, 12 Fed. 487; Slater v. Maxwell, 73 IT. S. 276; Herndon v. Gibson, 20 L. R. A. 545; Ker-wer y. Allen, 31 Iowa 578. (2) In the absence of a statute, a purchaser at a yoid sale cannot recover taxes lawfully assessed. Railroad v. Alexander, 49 Ark.…

1Opinion of the CourtJohnson, J.

Action in equity brought by the owner of certain real estate against Lamon Russell and the treasurer of Kansas City to set aside and annul a certificate of purchase and deed issued to Russell by the city treasurer pursuant to a sale of the real estate by the ■treasurer to enforce the lien of the city for certain back taxes. The ground alleged for the relief prayed was the fraudulent combination of bidders at the sale not to bid against Russell, the purchaser. The court heard the evidence and found there was a fraudulent combination as alleged. Counsel for defendants argue that the evidence…

2Cases cited8 opinions

  1. Harper v. RoweCalifornia Supreme Court · 1878
  2. Everett v. BeebeSupreme Court of Iowa · 1873
  3. Gilbert v. HoffmanSupreme Court of Pennsylvania · 1833
  4. Goble v. O'ConnorNebraska Supreme Court · 1894
  5. Light v. WestSupreme Court of Iowa · 1875

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3Cited by2 opinions

  1. Brewer v. Folsom Bros. Co.Wyoming Supreme Court · 1931
  2. Noble v. McIntoshNorth Dakota Supreme Court · 1912

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