Magnolia Petroleum Co. v. Moyle

Decision Date12 July 1947
Docket Number36458.
Citation163 Kan. 368,182 P.2d 127
PartiesMAGNOLIA PETROLEUM COMPANY v. MOYLE.
CourtKansas Supreme Court

Appeal from District Court, Stevens County; F. O. Rindom, Judge.

On second rehearing.

Former decision adhered to.

For original opinion of reversal, see 160 Kan. 722, 165 P.2d 419; for opinion on rehearing, see 162 Kan. 133, 175 P.2d 133.

Roy C. Davis, of Hutchinson (Warren H. White, Frank S. Hodge, Wm. H. Vernon, Eugene A. White, and Robert Y. Jones, all of Hutchinson, on the brief), for appellant.

George C. Spradling, of Wichita (Jos. G. Carey, W. F. Lilleston, Henry V. Gott, and Ralph M. Hope, all of Wichita, and R. C. Russell, of Great Bend, on the brief), for appellee.

THIELE, Justice.

In the above entitled cause, on December 7, 1946, an opinion on rehearing, affirming the judgment of the trial court, a concurring opinion and three dissenting opinions were filed. 162 Kan. 133, 175 P.2d 133.

For what seemed to be sufficient reasons, a second rehearing was granted and additional briefs have been filed and the cause has been reargued.

Upon consideration of that rehearing the justices adhere to their respective views as expressed in the foregoing opinions.

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3 cases
  • Phillips Petroleum Co. v. Moore
    • United States
    • Kansas Supreme Court
    • May 5, 1956
    ...be collaterally attacked otherwise. 5. The cases of Magnolia Petroleum Co. v. Moyle, 162 Kan. 133, 175 P.2d 133; Magnolia Petroleum Co. v. Moyle, 163 Kan. 368, 182 P.2d 127; Shell Oil Co. v. Board of County Comm'rs, 165 Kan. 642, 197 P.2d 925, and Board of County Comm'rs of Montgomery Count......
  • Board of County Com'rs of Osage County v. Abbott, 41538
    • United States
    • Kansas Supreme Court
    • December 12, 1959
    ...the second Magnolia case (Magnolia Petroleum Co. v. Moyle, 162 Kan. 133, 175 P.2d 133); the third Magnolia case (Magnolia Petroleum Co. v. Moyle, 163 Kan. 368, 182 P.2d 127); the first Shell case (Shell Oil Co. v. Board of County Comm'rs, 165 Kan. 642, 197 P.2d 925) and the Allen case (Boar......
  • Board of Com'rs of Montgomery County v. Allen
    • United States
    • Kansas Supreme Court
    • December 12, 1953
    ...lawfully assessed have been paid in full. In Magnolia Petroleum Co. v. Moyle, 162 Kan. 133, 175 P.2d 133, 134, (second rehearing, 163 Kan. 368, 182 P.2d 127), it was held: 'Conditions precedent to the maintenance of a tax foreclosure action are that taxes lawfully assessed against real esta......

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