Barber Asphalt Paving Co. v. Hezel
Supreme Court of Missouri
On Motion to Dismiss Appeal. (1) In the answer it is alleged that the tax bill, being of record in the city of St. Louis, is a cloud upon the title of defendant’s real estate, and asks, among other things, that such cloud be dispelled. The trial court found, as a fact, that the tax bill was a cloud on defendant’s title and removed that cloud.
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On Motion to Dismiss Appeal. (1) In the answer it is alleged that the tax bill, being of record in the city of St. Louis, is a cloud upon the title of defendant’s real estate, and asks, among other things, that such cloud be dispelled. The trial court found, as a fact, that the tax bill was a cloud on defendant’s title and removed that cloud. The question, therefore, for the determination of the court is whether or not title to real estate is “involved” in this proceeding, within the meaning of section 12, article 6, of the Constitution. Verdin, v. City of St. Louis, 131 Mo: 26; Hanna v.…
1Opinion of the CourtGtAntx, J.
An appeal has been lodged in this ■court from a judgment of the circuit court of the city of St. Louis, adjudging a certain tax bill for street improvement for $217.50, sued on and described in plaintiff’s petition, in said court, to be invalid and of no effect, and that the said tax bill was a cloud upon the title of defendant to the real estate in said suit described, and decreeing that said cloud be removed and that defendants have and recover their costs.
The defendant in said, suit now moves this court to dismiss said appeal on the grounds that
First. . This court has no jurisdiction of…
2Cases cited18 opinions
- Kansas City v. NealSupreme Court of Missouri · 1894
- Harness v. CravensSupreme Court of Missouri · 1894
- Hanna v. South St. Joseph Land Co.Supreme Court of Missouri · 1894
- State ex rel. Haeussler v. Court of AppealsSupreme Court of Missouri · 1877
- Bailey v. WinnSupreme Court of Missouri · 1890
13 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Nettleton Bank v. Estate of McGauheySupreme Court of Missouri · 1928
- Price v. BlankenshipSupreme Court of Missouri · 1898
- Coleman v. LucksingerSupreme Court of Missouri · 1909
- Ballenger v. WindesSupreme Court of Missouri · 1936
- Fischer v. JohnsonSupreme Court of Missouri · 1897
17 more not listed; retrieve them via the Exa API.