Everett v. Marston
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Ho». James H. Slover, Judge. (1) A taxbill for street improvements issued under the charter of Kansas City is not a lien until receipted for to the board of public works. Art. 9, sec. 18, charter of Kansas City; Cooley on Taxation (2 Ed.), 444; Jaicks v. Sullivan, 128 Mo. 177; Inhabitants of Houstonia v. Grubbs, 80 Mo. App. 433; Smith v. Barrett, 41 Mo. App. 460. (2) Nor is it an incumbrance or charge of any kind before it becomes a lien.
Read the full summary
Appeal from Jackson Circuit Court. — Ho». James H. Slover, Judge. (1) A taxbill for street improvements issued under the charter of Kansas City is not a lien until receipted for to the board of public works. Art. 9, sec. 18, charter of Kansas City; Cooley on Taxation (2 Ed.), 444; Jaicks v. Sullivan, 128 Mo. 177; Inhabitants of Houstonia v. Grubbs, 80 Mo. App. 433; Smith v. Barrett, 41 Mo. App. 460. (2) Nor is it an incumbrance or charge of any kind before it becomes a lien. Cooley on Taxation (2 Ed.), 447; McQuiddy v. Gates, 69 Mo. App. 156; Seibert v. Copp, 62 Mo. 182; Cadmus v. Fagan, 4…
1Opinion of the CourtGantt, J.
— This is a suit in equity to compel a ■ specific performance of a written contract of date July 12, 1901, for the sale and conveyance of lots 5 and 6 of Springfield Park, an addition to Kansas City, Missouri.
*593While the action is against Mr. and Mrs. Marston, it is conceded by both parties that Mr. Marston was merely the trustee, holding the title for the Farmers’ Loan & Trust Company of New York, which had acquired the lots by foreclosure of a loan thereon.
The contract out of which this controversy originated is as follows:
‘1 This contract, made and entered into this twelfth day of July,…
2Cases cited15 opinions
- Torrance v. McDougaldSupreme Court of Georgia · 1853
- Jaicks v. SullivanSupreme Court of Missouri · 1895
- Allen v. SalesSupreme Court of Missouri · 1874
- Blackie v. HudsonMassachusetts Supreme Judicial Court · 1875
- Dowdney v. . Mayor, Etc., N.Y. CityNew York Court of Appeals · 1873
10 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Bailey v. LevySupreme Court of Alabama · 1925
- Knowles v. TempleWashington Supreme Court · 1908
- City of St. Louis v. DyerCourt of Appeals for the Eighth Circuit · 1932
- Coatsworth Lumber Co. v. OwenMissouri Court of Appeals · 1915
- Cramblitt v. SherwoodSupreme Court of Kansas · 1921
5 more not listed; retrieve them via the Exa API.