Legal Opinion

Granite Bituminous Paving Co. v. Parkview Realty & Improvement Co.

Missouri Court of Appeals

Decided December 3, 1912No. 12563Published

Appeal from St. Lords City Circuit Court. — Hon. Eugene McQuillin, Judge. (1) The Charter lien of a taxbill issued July 1, 1905, for work done under an ordinance enacted in February, 1903, and which could under no possible theory have become a lien prior to' said February, 1903, has no priority over the lien of deeds of trust executed and recorded in 1902 and 1901. Art. 6, Sec. 24. Charter City of St. Louis; Parker-Washington Company v. Corcoran, 129 S. W. 1031; Cook Case,…

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Appeal from St. Lords City Circuit Court. — Hon. Eugene McQuillin, Judge. (1) The Charter lien of a taxbill issued July 1, 1905, for work done under an ordinance enacted in February, 1903, and which could under no possible theory have become a lien prior to' said February, 1903, has no priority over the lien of deeds of trust executed and recorded in 1902 and 1901. Art. 6, Sec. 24. Charter City of St. Louis; Parker-Washington Company v. Corcoran, 129 S. W. 1031; Cook Case, 101 Ind. 446; Aetna Case, 117 Ind. 251; Pierce Case, 131 Ind. 284; Lovelass, 133 Ind. 600; Pittsburgh Appeal, 40 Pa. 457;…

1Opinion of the CourtNortoni, J.

This is a suit on a special taxbill issued in accordance with the Charter provisions of the city of St. Louis, in compensation for street improvement. Plaintiff prevailed in the suit," and the court gave judgment establishing the lien of the tax-bill against the lot of defendant Nina Realty Company in the amount of $1600.23, and interest thereon.

There are several defendants-, and all of them appeal from this judgment, but the Nina Realty Company alone, as owner of the lot on which the lien is enforced, is the substantial party in interest. . The other defendants are prior owners of the…

2Cases cited17 opinions

  1. Morey Engineering & Construction Co. v. St. Louis Artificial Ice Rink Co.Supreme Court of Missouri · 1912
  2. Stafford v. FizerSupreme Court of Missouri · 1884
  3. Gitchell v. KreidlerSupreme Court of Missouri · 1884
  4. Allen v. McCabeSupreme Court of Missouri · 1887
  5. Jaicks v. SullivanSupreme Court of Missouri · 1895

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