Legal Opinion

City of Leavenworth v. Laing

Supreme Court of Kansas

Decided July 15, 1870PublishedCited by 16 opinions

Error from Leavenworth District Court. Action to vacate and set aside a sale of certain land's for unpaid special taxes assessed thereon, and to declare said sale, and the tax-certificate thereon issued, to be null and void. The action was commenced by the defendants in error, James B. Laing and R. F. Haines, against tbe City of Leavenworth, and tbe administrator and heirs of John Dugan, deceased.

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Error from Leavenworth District Court. Action to vacate and set aside a sale of certain land's for unpaid special taxes assessed thereon, and to declare said sale, and the tax-certificate thereon issued, to be null and void. The action was commenced by the defendants in error, James B. Laing and R. F. Haines, against tbe City of Leavenworth, and tbe administrator and heirs of John Dugan, deceased. Laing and Haines owned in severalty adjoining tracts of land, containing together about seventeen acres, lying witbin tbe corporate limits of the city of Leavenworth, but not laid out nor platted.…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

The city of Leavenworth caused some grading to be done on the land of Laing and Haines, two of the plaintiffs below, and levied a special tax thereon to pay for said grading. The plaintiffs refused to pay said special tax, and the treasurer of said city then sold said lands for the non-payment thereof.

Por the sake of convenience, (not that it is the most logical,) we will divide and consider the questions in this case, as follows: 1: Was the said sale valid? 2: Was the special tax valid ? 3 : And if said sale and said spe*282cial tax were…

2Cases cited3 opinions

  1. Bleecker v. BallouNew York Supreme Court · 1829
  2. City of Leavenworth v. RankinSupreme Court of Kansas · 1864
  3. Paine v. SpratleySupreme Court of Kansas · 1870

3Cited by16 opinions

  1. Lines v. City of TopekaSupreme Court of Kansas · 1978
  2. Edwards & Walsh Construction Co. v. Jasper CountySupreme Court of Iowa · 1902
  3. Ferguson v. GravesSupreme Court of Kansas · 1873
  4. State ex rel. Marshall v. Wyandotte County Gas Co.Supreme Court of Kansas · 1912
  5. Sykes v. BeckNorth Dakota Supreme Court · 1903

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