Bobb v. Wolff
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. Hon. Shepard Barclay, Judge. (1) A granite pavement is not such a permanent improvement to the realty as can be taxed against the remainder-men. Whatever may be the decisions in other states upon this point, the question is certainly settled in this state by Reyburn v. Wallace, 93 Mo. 326. See, also,Mehle v,.Bensel, 2 South. Rep. 201; Hitner v. Fge, 23 Pa.
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Appeal from the Circuit Court of the City of St. Louis. Hon. Shepard Barclay, Judge. (1) A granite pavement is not such a permanent improvement to the realty as can be taxed against the remainder-men. Whatever may be the decisions in other states upon this point, the question is certainly settled in this state by Reyburn v. Wallace, 93 Mo. 326. See, also,Mehle v,.Bensel, 2 South. Rep. 201; Hitner v. Fge, 23 Pa. St. 305. (2) The payment of the tax in question, having been made by Wolff after he had conveyed his title, was voluntary; therefore it cannot be made the basis of a recovery against…
1Opinion of the CourtBiggs, J.
— This suit was instituted December 5, 1885, by Charles H. Bobb and Philip M. Bobb, each the owner of an undivided one-sixth of the remainder in certain improved realty on Eighth street, between Market and Walnut, in the city of St. Louis, against the respondent Marcus A. Wolff, since deceased, who was then the holder of the life estate (for the life of Charles Bobb) in the premises, and Abraham Siegel (appellant) the owner of four-sixths of said remainder, and also against divers other persons alleged to have or claim some interest in the premises.
The petition alleged in substance that Wolff…
2Cases cited3 opinions
- Turner v. JohnsonSupreme Court of Missouri · 1888
- Reyburn v. WallaceSupreme Court of Missouri · 1887
- Plant Seed Co. v. Michel Plant & Seed Co.Missouri Court of Appeals · 1889
3Cited by10 opinions
- Peerless Supply Co. v. Industrial Plumbing & Heating Co.Supreme Court of Missouri · 1970
- Orr v. St. Louis Union Trust Co.Supreme Court of Missouri · 1922
- Raffety v. ParkerCourt of Appeals for the Eighth Circuit · 1957
- Kory v. LessSupreme Court of Arkansas · 1929
- William R. Bush Construction Co. v. WithnellMissouri Court of Appeals · 1915
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