Legal Opinion

Neill v. Trans-Atlantic Mortgage Trust Co.

Missouri Court of Appeals

Decided June 3, 1901PublishedCited by 2 opinions

Appeal from Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) So that the crucial question is: Can a lot-owner accept and use a sewer and then defeat a recovery on the tax-bill because the sewer was not completed within the contract period? Hill v. St. Louis, 159 Mo. 159, s. c., 60 S. W. Rep. 116; State v. Herman, 84 Mo. App. 1. (2) “When a party accepts a benefit under an assessment, he will be estopped from denying its validity.”

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Appeal from Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) So that the crucial question is: Can a lot-owner accept and use a sewer and then defeat a recovery on the tax-bill because the sewer was not completed within the contract period? Hill v. St. Louis, 159 Mo. 159, s. c., 60 S. W. Rep. 116; State v. Herman, 84 Mo. App. 1. (2) “When a party accepts a benefit under an assessment, he will be estopped from denying its validity.” Welty on Assessments, sec. 318; Verdin v. St. Louis, 131 Mo. 26; Richie v. South Topeka, 16 Pac. Rep. 332; 38 Kan. 368; Darst v. Griffin, 31 Neb. 668, 673;…

1Opinion of the Court

ELLISON, J-

This is an action to enforce a lien, on defencfkntjs property for a special taxbill issued for building a sewer in Kansas City, Missouri. The judgment in the trial court was for defendant. The taxbill is one of a series that were declared invalid by the Supreme Court in Neill v. Gates, 152 Mo. 585, which coincides with the view taken here in a *646number of cases. Rose v. Trestrail, 62 Mo. App. 352; Mc-Quiddy v. Brannock, 70 Mo. App. 535; Trust Co. v. James, 77 Mo. App. 616; Whittemore v. Sills, 76 Mo. App. 248. But plaintiff seeks to avoid tbe effect of those cases on the ground,…

2Cases cited10 opinions

  1. United States v. Pacific RailroadSupreme Court of the United States · 1887
  2. McQuiddy v. BrannockMissouri Court of Appeals · 1897
  3. Neill v. GatesSupreme Court of Missouri · 1899
  4. Bartholomew v. JacksonNew York Supreme Court · 1822
  5. Rose v. TrestrailMissouri Court of Appeals · 1895

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3Cited by2 opinions

  1. Perkinson v. HoolanSupreme Court of Missouri · 1904
  2. State ex rel. Bates v. MackinMissouri Court of Appeals · 1918

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