Legal Opinion

Mangold v. Bacon

Supreme Court of Missouri

Decided November 27, 1911PublishedCited by 69 opinions

Appeal from Butler Circuit Court. — Row. J. C. Sheppard, Judge. (1) The payment of the taxes by appellant extinguished the State’s lien and this being a direct proceeding to set aside the back tax judgment and back tax deed, the payment of the taxes and all other facts and circumstances in the case were properly pleaded.

Read the full summary

Appeal from Butler Circuit Court. — Row. J. C. Sheppard, Judge. (1) The payment of the taxes by appellant extinguished the State’s lien and this being a direct proceeding to set aside the back tax judgment and back tax deed, the payment of the taxes and all other facts and circumstances in the case were properly pleaded. R. S. 1899, sec. 9266; Harness v. Cravens, 126 Mo. 233; Hampton v. McClanahan, 143 Mo. 501; City of Aurora ex rel. v. Lindsay, 146 Mo. 509; Huber v. Pickier, 94 Mo. 387; Hoge v. Hubb, 94 Mo. 503; McClure v. Logan, 59 Mo. 234. (2) It has been uniformly held by this court that…

1Opinion of the CourtLamm, J.

Equity—the relief sought being to set aside a judgment and cancel a tax deed.

Here once before, heard and submitted in Division and then in Banc, a judgment in Mangold’s favor was reversed and the cause was remanded. [Mangold v. Bacon, 229 Mo. 459.] Below he amended his bill, and, on an attempt to introduce evidence, was met by an objection that his bill as amended did not state facts sufficient to constitute a cause of action. That objection was sustained. Saving his exception, he refused to plead over, elected to stand and suffered judgment, viz., that his bill be dismissed and that…

2Cases cited27 opinions

  1. Schroeder v. YoungSupreme Court of the United States · 1896
  2. Roberts v. CooperSupreme Court of the United States · 1858
  3. Hamilton v. MarksSupreme Court of Missouri · 1876
  4. Fuchs v. City of St. LouisSupreme Court of Missouri · 1902
  5. Metropolitan Bank v. TaylorSupreme Court of Missouri · 1876

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

3Cited by69 opinions

  1. Strazzulla v. HendrickSupreme Court of Florida · 1965
  2. Spitcaufsky v. HattenSupreme Court of Missouri · 1944
  3. Union Light, Heat & Power Co. v. Blackwell's Adm'rCourt of Appeals of Kentucky (pre-1976) · 1956
  4. United Dredging Co. v. Industrial Accident CommissionCalifornia Supreme Court · 1930
  5. Glover v. FongHawaii Supreme Court · 1958

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API