Bank of Commerce v. Ruffin
Missouri Court of Appeals
Appeal from Greene County Circuit Court. — Hon. Arch A. Johnson, Judge. (1) To render a tax bill nonenforceable, in toto, on the ground that part of the improvement encroached upon private property, even before the adoption of the quantum meruit statute of 1911, there would have to be an entire absence of facts and circumstances tending to show that the part improperly placed could be removed and that the remainder would make a symmetrical, sightly and durable walk, or that…
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Appeal from Greene County Circuit Court. — Hon. Arch A. Johnson, Judge. (1) To render a tax bill nonenforceable, in toto, on the ground that part of the improvement encroached upon private property, even before the adoption of the quantum meruit statute of 1911, there would have to be an entire absence of facts and circumstances tending to show that the part improperly placed could be removed and that the remainder would make a symmetrical, sightly and durable walk, or that the part properly placed could not be added to or pieced out so as to produce such a result. Unless the record shows…
1Opinion of the Court
*131OPINION.
FARRINGTON, J.
We are of the opinion that by the sale of the paper purporting on its face to be a tax bill and purporting to be a lien on a certain lot and the statement in the assignment thereof that a lien existed on that lot,'the seller contracted that he was delivering a valid, subsisting, enforceable lien, obligation, or chose in action against the Baxter lot; and that when it was shown that that which Ruffin sold was not a lien as represented and never had been a lien against this lot because of a defect not growing out of and discoverable from the council proceedings but…
2Cases cited19 opinions
- Otis v. Cullum, ReceiverSupreme Court of the United States · 1876
- Delaware Bank v. . JarvisNew York Court of Appeals · 1859
- Meyer v. RichardsSupreme Court of the United States · 1896
- Giffert v. WestWisconsin Supreme Court · 1873
- Houston v. McNeerWest Virginia Supreme Court · 1895
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3Cited by3 opinions
- Estate of De Gheest v. Estate of De GheestSupreme Court of Missouri · 1951
- Milner v. PelhamIdaho Supreme Court · 1917
- Friedman v. SchneiderMissouri Court of Appeals · 1945