Legal Opinion

Everett v. Marston

Supreme Court of Missouri

Decided February 21, 1905PublishedCited by 10 opinions

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

  1. Torrance v. McDougaldSupreme Court of Georgia · 1853
  2. Jaicks v. SullivanSupreme Court of Missouri · 1895
  3. Allen v. SalesSupreme Court of Missouri · 1874
  4. Blackie v. HudsonMassachusetts Supreme Judicial Court · 1875
  5. 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

  1. Bailey v. LevySupreme Court of Alabama · 1925
  2. Knowles v. TempleWashington Supreme Court · 1908
  3. City of St. Louis v. DyerCourt of Appeals for the Eighth Circuit · 1932
  4. Coatsworth Lumber Co. v. OwenMissouri Court of Appeals · 1915
  5. Cramblitt v. SherwoodSupreme Court of Kansas · 1921

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API