Lockwood v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis Land Court. This was a petition for an injunction to restrain the sale by the city of St. Louis of St. George’s church. The plaintiffs are the trustees of St. George’s church.
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Appeal from St. Louis Land Court. This was a petition for an injunction to restrain the sale by the city of St. Louis of St. George’s church. The plaintiffs are the trustees of St. George’s church. They allege in their petition that a special tax for the year 1854, amounting to $>139 25, was assessed upon St. George’s church for the construction of a sewer in the district in which said church is situated ; that the said church had been advertised for sale for the payment of said tax by the City of St. Louis, by her comptroller, H. Overstoltz. Plaintiffs prayed for an order enjoining the sale;…
1Opinion of the CourtLeonard, Judge
1. This court has allowed relief by injunction in several cases where real property was about to be sold for the nonpayment of taxes assessed by a municipal corporation, but has never allowed it, that I am aware of, to prevent a sale of personal property. The distinction is obvious enough. In one case, a cloud is about to be drawn over a land title, and the court interferes to prevent it; in the other, the legal remedy is full and ample, and no reason exists for the interposition of equity. The present case falls within the previous decisions of this court; but in Deane v. Todd, (22 Mo. 91,)…
2Cases cited1 opinion
- In re the Mayor of New-YorkNew York Supreme Court · 1814
3Cited by57 opinions
- In re the Bonds of the Madera Irrigation DistrictCalifornia Supreme Court · 1891
- Verdin v. City of St. LouisSupreme Court of Missouri · 1895
- Farrar v. City of St. LouisSupreme Court of Missouri · 1883
- Egyptian Levee Co. v. HardinSupreme Court of Missouri · 1858
- Morrison v. MoreySupreme Court of Missouri · 1898
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