State ex rel. Brassfield v. Hurt
Supreme Court of Missouri
Appeal from Clay Circuit Court. — Hon. Jas. M. Sandusky, Judge. Plaintiff, as collector of Clay county, sued to recover the amount of certain taxes levied for the year 1873 upon lands of defendants in that county. Upon a trial by the court, a judgment for defendant followed and plaintiff appealed in due course, after the usual exceptions. (1) The assessment was regular and the assessor’s book properly verified.
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Appeal from Clay Circuit Court. — Hon. Jas. M. Sandusky, Judge. Plaintiff, as collector of Clay county, sued to recover the amount of certain taxes levied for the year 1873 upon lands of defendants in that county. Upon a trial by the court, a judgment for defendant followed and plaintiff appealed in due course, after the usual exceptions. (1) The assessment was regular and the assessor’s book properly verified. Wagner’s Missouri Statutes, 1872, sec. 61. p. 1170. (2) The tax book was made out and certified by the clerk of the county court as the law required. Wagner’s Missouri Statutes, 1872,…
1Opinion of the Court
Bakclay J.
Plaintiff’s action failed in the circuit court because of a ruling in the form of an instruction that the evidence- was insufficient to support a recovery.
Several questions arise in considering its correctness.
I. In the assessment of the land for 1873, the owner was described as “unknown.” It appears that it then belonged to the widow and heirs of Greorge Lincoln deceased, to whom the land had been conveyed by United States patent in 1843. The patent had been of record in the office for the registry of deeds in that county since that year.
The law in force at the time of this…
2Cases cited1 opinion
- Barry v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
3Cited by5 opinions
- State ex rel. Brown v. WilsonSupreme Court of Missouri · 1909
- State ex rel. Wyatt v. VaileSupreme Court of Missouri · 1894
- State ex rel. Miller v. HutchinsonSupreme Court of Missouri · 1893
- State Ex Rel. McKee v. ClementsSupreme Court of Missouri · 1920
- Brockmeier v. DetteMissouri Court of Appeals · 1894