BUCHANAN v. CABINESS

Nos. 42499, 42547.

245 S.W.2d 868 (1951)

BUCHANAN v. CABINESS. KASCO., Inc., et al. v. ROBINSON et al.

Supreme Court of Missouri, en Banc.

Rehearing Denied February 11, 1952.


Attorney(s) appearing for the Case

Dwight M. Smith, Jr., George L. Walker, Kansas City, for Buchanan.

Sherman E. Cabiness, St. Joseph, Walter A. Raymond, Kansas City, for Cabiness.

Cooper, Neel, Sutherland & Rogers, Wallace Sutherland, Kansas City, for Kasco., Inc., and others.


HYDE, Judge.

Actions to foreclose special tax bills. The same issue is presented in both cases. It is whether a suit under the Land Tax Collection Act, Laws 1943, p. 1029, Laws 1945, p. 1761 and p. 1926, Laws 1949, p. 602, Secs. 141.210-141.810, R.S.1949, in which judgment was entered but later set aside and suit dismissed upon payment (by compromise) of the taxes involved in it, bars a prior suit to foreclose a special tax bill.

In the Buchanan case, a judgment...

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