"The plaintiff's cause of action is based on Kansas City special tax bills Nos. 30 and 31, issued under ordinance No. 38178, on account of the construction of a district sewer in sewer district No. 474, in sewer division No. 5, against the south fifty feet of the west half of lot 8, and the east half of lot 8, respectively, in High Acres, an addition to Kansas City, Missouri, in the amount of $214.48 and $428.96, respectively, to Thos. M. and Chas. M. Torson doing business as the Torson Construction Company, the contractor; said tax bills being dated November 12, 1920, and bearing interest from said date at the rate of eight per cent per annum until paid. Both of said tax bills being payable in four annual installments of $53.62 and $107.24, respectively, due on the 30th day of June in 1921, 1922, 1923 and 1924, and each constituted a lien against the real estate described therein, to continue for a period of one year after the date of the maturity of the last installment of each, only, unless within such year suit shall have been brought to foreclose said tax liens, and unless within ten days after such suit shall have been brought the plaintiff shall cause a notice to be filed in the office of the city treasurer that such suit has been filed, in which case the liens of said tax bills shall continue until the termination of suit and sale of the property under execution upon a judgment in said action. That default was made in the second installment of each tax bill due on June 30, 1922, by reason of which default the whole amount of the remaining installments on each of said tax bills became due and collectible; that at the time
of said default, the remaining installments on tax bill No. 30 amounted to $160.86, and the remaining three installments on tax bill No. 31 amounted to $321.72, each of said sums bearing interest from June 30, 1921 at the rate of eight per cent per annum; that the plaintiff became the owner and holder of said tax bills prior to the bringing of this suit, by an assignment of the same from the contractor for a valuable consideration, paid by The Hanchett Bond Company, and was the owner and holder of the same at the time of the bringing of this suit; that this suit was brought on June 5, 1925, within one year after the date of the maturity of the last installment of each tax bill, and the notice of such suit duly filed in the city of treasurer's office within ten days thereafter; that the work for which said tax bills were issued was duly completed by said contractor in accordance with the provisions of said ordinance duly approved, and the contract therein mentioned ratified and confirmed by the proper authorities of Kansas City, Missouri. It is hereby stipulated and agreed that said tax bills may be introduced in evidence, and the contents thereof be in all things considered the same as if incorporated herein.
"That the plaintiff is the representative of and the agent of The Hanchett Bond Company, a corporation, and the title to said tax bills was taken by said plaintiff and the same were assigned to him, for the convenience of and as the representative of the said Hanchett Bond Company; and that on September 9, 1924, in response to a visit made by J.G. Hutchison to the said Hanchett Bond Company, at its office in Kansas City, Missouri, some time prior thereto, to make inquiry about said tax bills Nos. 30 and 31, the said Hanchett Bond Company wrote a letter to the said J.G. Hutchison, and which he received, as follows: "`406 Land Bank Building, Kansas City, Missouri, Sept. 9, 1924. "`Mr. J.G. Hutchison, "`613 New York Life Building, "`Kansas City, Missouri. "`Dear Sir: — Some time ago you called at our office in regard to some delinquent taxes which we hold against the property of Miss Grace Whitton, in High Acre Addition.
"`At that time we were unable to give you the information which you asked for and we would appreciate it if you would again call upon us regarding the above, as it now becomes necessary for us to do something towards an early settlement of the above bills, for our liens against the property will soon expire. Awaiting your call, we are,
"`Yours truly
"`THE HANCHETT BOND COMPANY
"`By C.H. Loos.'
"The plaintiff's said suit was brought against Charles C. Whitten, if living, and if dead, against his unknown heirs, consort, devisees, donees, and immediate, mesne or remote, voluntary and involuntary grantees, in accordance with and under the authority of section 1202, Revised Statutes of Missouri 1919, and an order of publication was duly obtained under said section; the petition and affidavit and order of publication, were in due form and duly published in compliance with the provisions of the laws of Missouri in such cases made and provided; the plaintiff alleging in said petition that he did not know whether said Charles C. Whitten was living or dead, and that the names of his heirs, devisees, etc., were unknown to him.
"The section of the charter and ordinances of Kansas City, Missouri (section 24, article 8, of the charter and ordinances of 1909), relating to such tax bill suits and against whom they shall be brought provides that: ... `All or any of the owners of the land charged, or of any interest or estate therein may be made defendants therein in any suit upon a tax bill and the right title or interest or estate of the parties made defendants in any such suit shall be bound thereby, and the owners of the land as shown by the records in the office of the recorder of deeds of Jackson county, Missouri, and by the records of the courts of record having jurisdiction in Kansas City shall be conclusively held to be the owners thereof for the purpose of foreclosing such liens, and all suits on such special tax bills may be brought in the name of the owners or assignees thereof.' And that `parties interested in land not made defendants shall not be affected thereby.'
"At the time this suit was filed, the records in the office of the recorder of deeds of Jackson county, Missouri, showed the record title to the land described herein to be in the name of Charles C. Whitten.
"The said Charles C. Whitten departed this life in Hill City, Kansas, on or about June 21, 1923, leaving a will, in which said will the property herein referred to was specifically devised to Grace I. Whitton, as sole devisee; the said will being duly probated as provided by law in the probate court of Graham county, Kansas, where he then resided. At the time of filing this suit, no administration proceedings had been instituted or had in the probate court of Jackson county, Missouri, and no copy of said will or copy of the administration proceedings in Kansas had ever been filed or recorded in the office of recorder of deeds of Jackson county, Missouri.
"On December 12, 1923, the Standard Investment Company, as plaintiff, brought a suit in this court against Charles C. Whitton, if living, and if dead, his unknown heirs, devisees, etc., as defendants, on two special tax bills, aggregating about $22, to enforce the liens thereof against the property herein described; the plaintiff in this suit, Robert Barrie, and The Hanchett Bond Company, were made defendants in that suit by reason of being junior lienors on account if liens of the tax bills sued on in this action, the same being cause No. 203009.
"On January 16, 1924, the defendant Robert
Barrie and The Hanchett Bond Company filed answers in said cause, and the same may be considered as a part hereof. On February 7, 1924, the plaintiff Standard Investment Company filed a motion in said cause, which said motion is as follows:
"`Comes now the plaintiff and states and shows to the court that the defendant Charles C. Whitton, heirs at law, his widow, Grace Whitton, and one child, Ruby Lee Whitton, a minor. That said defendant at the time of his death, was a nonresident of the State of Missouri, and that there is no administrator or executor of his estate in Jackson county, Missouri.
"`Wherefore plaintiff prays the court for an order substituting as defendants in this action, Grace Whitton and Ruby Whitton, a minor, and leave to amend the body of said petition to show interest of such substituted defendants, and plaintiff further asks that this action be dismissed as to "Charles C. Whitton, if living, and the unknown heirs of Charles C. Whitton, if dead."'
"No copy of said motion or notice of intention to call it up for disposition or copy of the amended petition, was ever served upon the defendants, Robert Barrie and The Hanchett Bond Company, or John C. Loos, their attorney of record.
"The rules of the circuit court of Jackson county, Missouri, then in force and effect with reference to the filing of motions and amendments of pleadings are as follows:
"`Rule 6. — `Whenever, before trial, any change of or in the pleading is made, or pleadings are filed by leave (or otherwise) after the time fixed by law or rule for pleading, the proper party shall serve a copy of such pleading or amendment upon the adverse party or his attorney, as prescribed by law for service of notices ..."
