Bingham v. Birmingham
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. T. A. Gill, Judge. (1) A court in an action at law cannot adjust equi- • ties. Wilson v. Benedict, 90 Mo. 208. (2 ) In absence of statute or agreement one man cannot recover for taxes voluntarily paid by Mm upon the land of another. Horrigan v. Wellmuth, 77 Mo. 545 ; Pritchard v. Madren, 31 Kan. 53. (3) The defendant is not entitled to recover under section 65, article 6, of the Kansas City charter.
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Appeal from Jackson Circuit Court. — Hon. T. A. Gill, Judge. (1) A court in an action at law cannot adjust equi- • ties. Wilson v. Benedict, 90 Mo. 208. (2 ) In absence of statute or agreement one man cannot recover for taxes voluntarily paid by Mm upon the land of another. Horrigan v. Wellmuth, 77 Mo. 545 ; Pritchard v. Madren, 31 Kan. 53. (3) The defendant is not entitled to recover under section 65, article 6, of the Kansas City charter. A court cannot supply a legislative casus omissus, and the meaning of a statute is to be gathered from the words employed if possible. PLazeltine v.…
1Opinion of the CourtSherwood, P. J.
This ejectment cause has been reargued and reconsidered, and the results of such reconsideration will now be given; and, in order that our views may be readily understood, it is necessary to refer to, or incorporate in this opinion, the sections of the city chai’ter upon which those views are based. Section 64 requires that “Tax deeds executed by the city collector shall be substantially in the following form : ” giving the prescribed form.
Section 65 is the following: “In any suit or proceeding involving or in any manner calling in question the title or right of the grantee in a tax deed, or…
2Cases cited3 opinions
- Hopkins v. ScottSupreme Court of Missouri · 1885
- Sullivan v. DonnellSupreme Court of Missouri · 1886
- Dillinger v. KelleySupreme Court of Missouri · 1884
3Cited by17 opinions
- Stubbs v. MulhollandSupreme Court of Missouri · 1902
- Attorney General v. Detroit United RailwayMichigan Supreme Court · 1920
- Straughan v. MeyersSupreme Court of Missouri · 1916
- City of Joplin v. Joplin Water Works CompanySupreme Court of Missouri · 1965
- In Re Tompkins'estateSupreme Court of Missouri · 1960
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