Boonville Mercantile Co. v. Hogan

This is a proceeding in equity to cancel a certain tax. bill as being an apparent lien on defendant’s property in the city of Boonville, thereby putting a. cloud on plaintiff’s title. Defendant demurred to the petition on the ground that it failed to state a cause of action. The trial court sustained the demurrer and plaintiff standing on his petition, appealed.

Boonville is a city of the third class and it appears from the pleading that the city council duly provided for the paving of Fifth street from the north line of High street, three blocks south to the south line of Chestnut street. The…