Gray v. Bowles
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. S. H. Woodson, Judge As tbe proceeding to foreclose the liens of the special tax bills is purely statutory, and that, too, in a court of limited and purely statutory jurisdiction, the remedy cannot be extended beyond the provisions of the charter.
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Appeal from Jackson Circuit Court. — Hon. S. H. Woodson, Judge As tbe proceeding to foreclose the liens of the special tax bills is purely statutory, and that, too, in a court of limited and purely statutory jurisdiction, the remedy cannot be extended beyond the provisions of the charter. Since the charter provides in express terms that “ the judgment shall be special, to be levied of the land described in the bill,” it follows that the judgment in this case being against lot 9 for the amount found due on a tax bill which only describes lot 10, and vice versa, is an absolute nullity and must…
1Opinion of the CourtNorton, J.
This was an action of ejectment to recover the possession of lots 9 and 10, in block 5, in Peery Place, an addition to the City of Kansas. The answer was -a general denial, and by agreement, the cause was tried by the court without the intervention of a jury. Judgment was rendered for plaintiff, from which the defendant has appealed.
The evidence at the trial developed the following case : The appellant was in possession of the premises sued for at the commencement of the suit, and had been living upon and occupying the same for several years immediately prior thereto, his dwelling house being…
2Cases cited5 opinions
- Hardin v. LeeSupreme Court of Missouri · 1873
- Freeman v. ThompsonSupreme Court of Missouri · 1873
- Jeffries v. WrightSupreme Court of Missouri · 1873
- Ellis v. JonesSupreme Court of Missouri · 1873
- Carson v. SheldonSupreme Court of Missouri · 1873
3Cited by33 opinions
- Hagerman v. SuttonSupreme Court of Missouri · 1887
- Kizer v. CaufieldWashington Supreme Court · 1897
- Harness v. CravensSupreme Court of Missouri · 1894
- Jones v. DriskillSupreme Court of Missouri · 1887
- State v. EvansSupreme Court of Missouri · 1884
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