Legal Opinion

Ross v. Gates

Supreme Court of Missouri

Decided July 1, 1904PublishedCited by 23 opinions

Appeal from Jackson Circuit Court.— Hon. J. H. Slo-ver, Judge. > (1) Plaintiff had nothing hut tasbills. They are mere liens' on land. They are not land or any interest in land. Sec. 18, art. 9, charter; sec. 23, same art.; sec. 2, art. 9; 1 Jones on Liens (Ed. 1888), sec. 10; Brown v. Pierce, 7 Wall. 217; Conard v. Ins. Co., 1 Peters 443; Watson v. Railroad, 47 N. T. 162; People v. Railroad, 160 N. T. 243, 176 U. S. 335, affirmed; Peck y.

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Appeal from Jackson Circuit Court.— Hon. J. H. Slo-ver, Judge. > (1) Plaintiff had nothing hut tasbills. They are mere liens' on land. They are not land or any interest in land. Sec. 18, art. 9, charter; sec. 23, same art.; sec. 2, art. 9; 1 Jones on Liens (Ed. 1888), sec. 10; Brown v. Pierce, 7 Wall. 217; Conard v. Ins. Co., 1 Peters 443; Watson v. Railroad, 47 N. T. 162; People v. Railroad, 160 N. T. 243, 176 U. S. 335, affirmed; Peck y. Fenness, 7 How. 620; Chouteau v. Railroad, 122 Mo. 387; Elliott on Roads (2 Ed.), sec. 308; Mas-singill v. Downs, 7 How. 767; Venable v. Railroad, 112 Mo.…

1Opinion of the CourtMarshall, J.

This is a proceeding to have a portion of the proceeds of the condemnation of certain lands in Kansas City for park purposes, applied to the payment of certain special taxbills which were issued against the said land for benefits thereto caused by the improvement of the street on which the land fronted.

The facts are these:

The defendants Jemuel 0. Gates and William W. Kendall were the owners of the land. On October 15, 1895, on the recommendation of the board of public works, the city council passed an ordinance entitled, “An ordinance to' pave Fifteenth street from the west line of Virginia…

2Cases cited2 opinions

  1. French v. Barber Asphalt Paving Co.Supreme Court of the United States · 1901
  2. Hilton v. City of St. LouisSupreme Court of Missouri · 1895

3Cited by23 opinions

  1. Rains v. MoulderSupreme Court of Missouri · 1936
  2. Millhouse v. Drainage District No. 48 of Dunklin CountyMissouri Court of Appeals · 1957
  3. United States v. Certain Land in City of St. Louis, Mo.District Court, E.D. Missouri · 1939
  4. Municipal Securities Corp. v. Kansas CitySupreme Court of Missouri · 1915
  5. Morgan v. WillmanSupreme Court of Missouri · 1927

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