Legal Opinion

Mason v. Zimmerman

Supreme Court of Kansas

Decided February 12, 1910No. 16,356PublishedCited by 31 opinions

Appeal from Shawnee district court; Alston W. Dana, judge. STATEMENT. On June 27, 1908, the appellees commenced this action in the district court of Shawnee county, Kansas, against the appellants, taxing officers, to enjoin and restrain the appellants from levying and collecting taxes on lots 2.6, 28 and the west 21% feet of lot 30, on West Eighth avenue, in the city of Topeka, alleging that the plaintiffs are the council of administration of the Most Worshipful Grand Lodge…

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Appeal from Shawnee district court; Alston W. Dana, judge. STATEMENT. On June 27, 1908, the appellees commenced this action in the district court of Shawnee county, Kansas, against the appellants, taxing officers, to enjoin and restrain the appellants from levying and collecting taxes on lots 2.6, 28 and the west 21% feet of lot 30, on West Eighth avenue, in the city of Topeka, alleging that the plaintiffs are the council of administration of the Most Worshipful Grand Lodge of Ancient, Free and Accepted Masons of Kansas, and as trustees for such grand lodge hold the legal title to the real…

1Opinion of the Court

*806The opinion of the court was delivered by

Smith, J.:

The findings of the court setting forth the purposes for which the property in question is used are findings numbered 3, 4 and 6, copied above. Finding No. 7 is a mixed question of law and fact. Conclusion of law No. 1 accords with the decision of this court in Masonic Home v. Sedgwick County, post.

The defendants contend that finding No. 7 and both conclusions of law are erroneous. The brief of the defendants is devoted principally to the discussion of the proposition that the exemption of property used exclusively for “charitable and…

2Cases cited2 opinions

  1. St. Mary's College v. CrowlSupreme Court of Kansas · 1872
  2. Stahl v. Kansas Educational Ass'nSupreme Court of Kansas · 1895

3Cited by31 opinions

  1. Bistline v. BassettIdaho Supreme Court · 1928
  2. In Re the Appeal of University of Kansas School of MedicineSupreme Court of Kansas · 1999
  3. Topeka Presbyterian Manor, Inc. v. Board of County CommissionersSupreme Court of Kansas · 1965
  4. Trustees of the United Methodist Church v. CogswellSupreme Court of Kansas · 1970
  5. Temple Lodge No. 6, A.F. A.M. v. TierneyNew Mexico Supreme Court · 1933

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