Neill v. Trans-Atlantic Mortgage Trust Co.
Missouri Court of Appeals
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
- United States v. Pacific RailroadSupreme Court of the United States · 1887
- McQuiddy v. BrannockMissouri Court of Appeals · 1897
- Neill v. GatesSupreme Court of Missouri · 1899
- Bartholomew v. JacksonNew York Supreme Court · 1822
- Rose v. TrestrailMissouri Court of Appeals · 1895
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3Cited by2 opinions
- Perkinson v. HoolanSupreme Court of Missouri · 1904
- State ex rel. Bates v. MackinMissouri Court of Appeals · 1918