Legal Opinion

Burke v. Brown

Supreme Court of Missouri

Decided February 21, 1899PublishedCited by 7 opinions

Transferred from Kansas Gity Oourt of Appeals. (1) Tbe statute under consideration asserts a broad equity. It was enacted to afford persons wbo, to enable tbe State to collect its revenue, purchased lands at tax sales, a remedy to be reimbursed tbe money paid to relieve tbe delinquent land from its burdens of taxation. It was made for just sucb oases as tbis. Tbe lands of defendants unquestionably were subject to taxation.

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Transferred from Kansas Gity Oourt of Appeals. (1) Tbe statute under consideration asserts a broad equity. It was enacted to afford persons wbo, to enable tbe State to collect its revenue, purchased lands at tax sales, a remedy to be reimbursed tbe money paid to relieve tbe delinquent land from its burdens of taxation. It was made for just sucb oases as tbis. Tbe lands of defendants unquestionably were subject to taxation. No taxes were paid tbereon for several years by defendants. Tbe plaintiff’s assignor paid these taxes from 1872 to 1885, and plaintiff is entitled, under tbe statute, to…

1Opinion of the CourtBurgess, J.

This case was in the first instance taken by writ of error to the Kansas City Court of Appeals where an opinion was delivered by Judge Gill, concurred in by the other members of the court, affirming the judgment of the trial court. A motion was then filed by plaintiff for a rehearing, one of the grounds being that the cause involves the construction of the revenue law. The motion was overruled, and the case certified to this court upon that ground.

The opinion of the court of appeals is as follows:

“Gill, J. — In October, 1876, the collector of Moniteau county sold certain lands in said county,…

2Cases cited6 opinions

  1. Barber v. EvansSupreme Court of Minnesota · 1880
  2. Roberts v. DeedsSupreme Court of Iowa · 1881
  3. Philleo v. HilesWisconsin Supreme Court · 1877
  4. Pitkin v. ReibelSupreme Court of Missouri · 1891
  5. Howard v. HeckSupreme Court of Missouri · 1885

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. State ex rel. Howard v. Estate of TimbrookSupreme Court of Missouri · 1912
  2. Corbet v. Town of RocksburySupreme Court of Minnesota · 1905
  3. Lohr v. CurleyIdaho Supreme Court · 1915
  4. Phelps v. BrumbackMissouri Court of Appeals · 1904
  5. Barber Asphalt Paying Co. v. KieneMissouri Court of Appeals · 1903

2 more not listed; retrieve them via the Exa API.

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