Magnolia Petroleum Co. v. Moyle
Decision Date | 12 July 1947 |
Docket Number | 36458. |
Citation | 163 Kan. 368,182 P.2d 127 |
Parties | MAGNOLIA PETROLEUM COMPANY v. MOYLE. |
Court | Kansas 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.
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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...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......
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...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......