Wellshear v. Kelley
Supreme Court of Missouri
Appeal from Barry Circuit Court. — Hon. W. E. Geiger, Judge. 1. The circuit court had no jurisdiction. Const, of Mo., art. 6, § 22; Wag. Stat., § 2, p. 430 : Laws 1877, pp. 384, 389, §§ 2,. 5, 6, 14; Wag.
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Appeal from Barry Circuit Court. — Hon. W. E. Geiger, Judge. 1. The circuit court had no jurisdiction. Const, of Mo., art. 6, § 22; Wag. Stat., § 2, p. 430 : Laws 1877, pp. 384, 389, §§ 2,. 5, 6, 14; Wag. Stat., § 226, p. 1209; § 184, p. 1197; § 182, p. 1196; Laws 1877, p. 376; House Jour. 1877, pp. 552, 553, 815 ; Senate Jour. 1877, p. 349. 2. The petition in the tax suitagainst Mary A. Henry is fatally defective.. [The grounds urged are stated in the opinion.] In proceedings to enforce the collection of taxe$ there are no presumptions in favor of the validity of the proceedings or the power…
1Opinion of the CourtHenry, J.
Mary A. Henry, a non-resident of the State, owned the northwest quarter of section 24, in township 24, of range 28, in Barry county.
At the March term, 1878, of the Barry circuit cour^ a suit was instituted against her at the relation of the State to the use of J. W. Lecompte, collector of the revenue of said county, to subject said land to sale for payment of back taxes for the years 1870, 1871, 1872, 1873, 1874, 1875 and 1876, amounting in the aggregate to $78.68. An order of publication was made against her, which was duly pub-*349listed in the Cassville Democrat, a newspaper published in said…
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