Eyssell v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Mon. Jas. JE.. Withrow, Judge. (1) A special taxbill for tbe opening of a street is a lien, on the property charged. Art 6, sec. 5, of the Scheme and. Charter of the City of St. Louis, E. S. 1899. An action on a special taxbill is barred by the five years’ limitation. St. Louis v. Newman, 45 Mo. 138; Turner v. Burns, 42 Mo.
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Appeal from St. Louis City Circuit Court. — Mon. Jas. JE.. Withrow, Judge. (1) A special taxbill for tbe opening of a street is a lien, on the property charged. Art 6, sec. 5, of the Scheme and. Charter of the City of St. Louis, E. S. 1899. An action on a special taxbill is barred by the five years’ limitation. St. Louis v. Newman, 45 Mo. 138; Turner v. Burns, 42 Mo. App. 94. (2) Such taxbill, although barred, is an apparent lien and a cloud upon the title, against which a court of equity will grant relief, there being no adequate remedy at law. Pomeroy, Equity Jurisprudence (2 Ed.), sec.…
1Opinion of the CourtMarshall, J.
— This is a bill in equity to cancel an assessment of two hundred and fifty dollars, special benefits charged against the plaintiff’s lot in city block 3909, fronting one hundred feet on Maryland avenue, caused to accrue by reason of the opening of Newstead avenue from Olive street to McPherson avenue, under ordinance No. 15670. There *610is no defect, irregularity or infirmity suggested in the proceedings under which, the special benefit was charged on the property. The sole ground alleged in the petition for the relief sought is that the matter is barred by limitation, under section 6775,…
2Cases cited9 opinions
- Kansas City v. WardSupreme Court of Missouri · 1896
- City of St. Louis v. RankenSupreme Court of Missouri · 1888
- Kansas City v. DuncanSupreme Court of Missouri · 1896
- Michael v. City of St. LouisSupreme Court of Missouri · 1892
- City of St. Louis v. RankenSupreme Court of Missouri · 1888
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3Cited by7 opinions
- City of St. Louis v. BrinckwirthSupreme Court of Missouri · 1907
- Schwab v. City of St. LouisSupreme Court of Missouri · 1925
- Kansas City v. FieldSupreme Court of Missouri · 1917
- Pleadwell v. Missouri Glass Co.Missouri Court of Appeals · 1910
- City of St. Louis v. Annex Realty Co.Supreme Court of Missouri · 1903
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