Legal Opinion

Smith v. Barrett

Missouri Court of Appeals

Decided May 19, 1890PublishedCited by 17 opinions

Appeal from the Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) In action for tlie enforcement of a tax lien, tlie “owner” is tbe person in whom title is vested as appears by the public records.

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Appeal from the Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) In action for tlie enforcement of a tax lien, tlie “owner” is tbe person in whom title is vested as appears by the public records. Vance v. Corrigan, 78 Mo. 94; State v. Sack, 79 Mo. 661 ; Kuhleman v. Schuler, 35 Mo. 142; Schaeffer v. Lohman, 34 Mo. 68. (2) The charter under which the tax bill was issued contemplates the bringing of suit against the persons who own the property at the time the lien attaches to it. Sess. Acts, 1875, p. 252. (3) This suit was brought within the two years named in the charter,.and was not…

1Opinion of the CourtGill, J.

This is an action brought to foreclose the lien of a special tax bill for paving Grand avenue in Kansas City. The tax bill was issued on the twenty-ninth day ’ of December, 1884. Prior to this date, to-wit, on January 4, 1883, Maggie Barrett, the former owner, had conveyed the lot charged by the tax bill to M. S. C. Donnell, but said deed was not recorded till August 10, 1885. Forty-seven days after the deed to Donnell was recorded, and on September 26, 1885, the plaintiffs commenced this suit against the said Maggie Barrett and her husband. Donnell, though then the record owner, was not sued…

2Cases cited10 opinions

  1. Vance v. CorriganSupreme Court of Missouri · 1883
  2. Dunphy v. RiddleIllinois Supreme Court · 1877
  3. Payne v. LottSupreme Court of Missouri · 1886
  4. McGraw v. BayardIllinois Supreme Court · 1880
  5. Allen v. RaySupreme Court of Missouri · 1888

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3Cited by17 opinions

  1. Jaicks v. SullivanSupreme Court of Missouri · 1895
  2. Peters v. DonaWyoming Supreme Court · 1936
  3. City of St. Joseph ex rel. Forsee v. BakerMissouri Court of Appeals · 1900
  4. Badger Lumber Co. v. StaleyMissouri Court of Appeals · 1910
  5. Everett v. MarstonSupreme Court of Missouri · 1905

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