249 Mo. 48 | Mo. | 1913
Lead Opinion
This is the third time this case has reached this court. The opinions delivered on the former appeals are reported in 229 Mo. 459 and 237 Mo. 496.
There is no material difference between the present record of the case and the record thereof on the latter appeal; and all that can be said upon both sides of the case has been clearly and forcefully stated in said opinions; and no good purpose would be served by a re-discussion of the case at this time.
This judgment was rendered in conformity to the views of this court, as expressed in the opinion delivered in the case last cited, and after a re-examination of the same, we are satisfied with the results there reached, which are controlling.
After a careful consideration of sections 11483, 11495, 11505 and 11508, Revised Statutes 1909, we are of the opinion that it was the duty of the respondent to pay appellant the amount of .said taxes, before he
Recognizing that to be the law, respondent, in his petition tendered to appellant all the taxes he had bid and paid at the tax sale for the land, and at the trial tendered said sum of money to him in open court, who declined to receive it; and thereupon the court found for respondent and rendered judgment accordingly; but failed to render judgment for appellant for the sum so tendered him' by respondent, presumably for the reason that appellant never set up in his answer a claim for said taxes so paid by him as authorized by sections 11508 and 11509, Revised Statutes 1909. Piad he made such claim, then it would have been the plain duty of the trial court to have rendered judgment in his favor for said sum, and declared the same a lien upon said real estate, as provided by said statutes; but having failed to make such claim, the court was under no legal obligation to render judgment therefor. Since, however, said sum is justly due appellant, we will modify the judgment by rendering judgment here for said sum, $12.50, in favor of appellant, and the same is declared a first lien on said real estate.
Finding no error in the record, the judgment, as modified, is affirmed.
Dissenting Opinion
DISSENTING- OPINION.
I dissent from the opinion of my brother WoodsoN in this case, for the reasons which I have heretofore fully expressed in the majority opinion in Mangold v. Bacon, 229 Mo. 459, and in the dissenting opinion in Mangold v. Bacon, 237 Mo. 496. I do not agree that the present record is the same as upon either of the former appeals; at least one addi