Russell v. Adkins
Missouri Court of Appeals
Appeal irom Jackson Circuit Court, Hon. James H. Sloveb, Judge. The case is stated in the opinion. I. If the special tax bills in question are void in fact, but yet on their face valid, they are such a cloud upon the title of real estate, as that a court of equity will cancel and remove, as prayed for in plaintiffs’ petition. Sewell v. St. Paul, 20 Minn. 511; Mayor n. Porter, 18 Md. 284; Mitchell v. Cityx 18 Wis. 92; Kneeland ■ n.
Read the full summary
Appeal irom Jackson Circuit Court, Hon. James H. Sloveb, Judge. The case is stated in the opinion. I. If the special tax bills in question are void in fact, but yet on their face valid, they are such a cloud upon the title of real estate, as that a court of equity will cancel and remove, as prayed for in plaintiffs’ petition. Sewell v. St. Paul, 20 Minn. 511; Mayor n. Porter, 18 Md. 284; Mitchell v. Cityx 18 Wis. 92; Kneeland ■ n. City, 18 Wis. 411; Wells v. Burnham, 20 Wis. 112; Valle v. Zeigler, 84 Mo. 214; 75 Mo. 250. II. The city had no power to contract for the grading in question and…
1Opinion of the CourtPhilips, P. J.
This is a petition for an injunction to restrain the defendants from collecting certain special tax bills against the real estate of plaintiffs, on the *611ground that the same are illegal, and tend to cast a cloud upon plaintiffs’ titles. The tax bills were issued by Kansas City for certain work done in grading Summit street in said city, and putting a culvert therein. The gravamen of the complaint is, that the tax bills include, unlawfully, the expense of constructing a culvert in said street, incident to the grading.
The court dismissed the bill; and the plaintiffs prosecute this appeal.
Two…
2Cases cited5 opinions
- Chapman v. McIlwrathSupreme Court of Missouri · 1882
- Hodges v. BlackSupreme Court of Missouri · 1882
- Royle v. JonesSupreme Court of Missouri · 1883
- Berberet v. City of EdinaMissouri Court of Appeals · 1885
- Dougherty v. AdkinsSupreme Court of Missouri · 1884