State v. West Cabanne Improvement Co.
| Decision Date | 02 June 1919 |
| Docket Number | No. 19792.,19792. |
| Citation | 213 S.W. 25,278 Mo. 310 |
| Parties | STATE ex rel. KOELN, Collector, v. WEST CABANNE IMPROVEMENT CO. et al. |
| Court | Missouri Supreme Court |
Appeal from St. Louis Circuit Court; George H. Shields, Judge.
Suit by the State of Missouri for delinquent taxes, at the relation and to the use of Edmond Koeln, Collector of the City of St. Louis, in the State of Missouri, against the West Cabanne Improvement Company, a corporation, and others. From a judgment for the state, defendant John H. Vette appeals. Reversed and remanded.
This is a suit by petition in the ordinary form to enforce the lien of the state for general delinquent taxes for the years 1909, 1910, and 1911 against three parcels of land in the city of St. Louis assessed and described as follows:
The following is a plat of the strip of land described as West Cabanne court, 50 feet wide and 492 feet 6 inches long, showing the "parcels" into which it was divided by the assessor, the junction of West Cabanne place and the respective lots of appellant, Vette, and defendant Clark, abutting the north end.
NOTE: OPINION CONTAINING TABLE OR OTHER DATA THAT IS NOT VIEWABLE
Appellant and defendant Emma M. Clark, the owner of the 17 feet marked on the above plat "C. M. Clark," filed a joint answer, to which plaintiff replied.
The sufficiency of these pleadings to present all questions arising upon the facts is not questioned. All the other defendants made default. All the facts were admitted by stipulation or otherwise at the trial, and are briefly as follows:
In May, 1888, George Townsend, the owner of a strip of land 392 feet 6 inches wide, extending from Hamilton avenue on the east to Hodiamont avenue on the west, a distance of about 1,750 feet, platted it by the name of "Townsend's subdivision of West Cabanne place." This plat was duly approved by the board of public improvements of the city of St Louis and recorded. On this plat West Cabanne court extended north and south through the tract, 50 feet wide. It connected with no public street of the city. From the connection shown in the above sketch a strip 60 feet wide extended east through the middle of the tract 1,323 feet to Hamilton avenue. No other way, either public or private, was shown on the plat, except a continuation of Catalpa street, which extended from a point in the north line of West Cabanne place to a connection with a public street of the same name at the north line of the tract. These strips were dedicated on the plat as follows:
"All said named streets, to wit, West Cabanne place, West Cabanne court, and Catalpa street, shown on said plat, are private streets, laid out for the exclusive use and benefit of the parties owning lots in this subdivision."
Building lots were laid out on each side of West Cabanne place and fronting thereon for a distance of more than 1,000 feet east of the court, all of which were numbered, and a building line was drawn through each 50 feet from West Cabanne place upon which they fronted. A row of four lots, fronting on the west side of West Cabanne court throughout its length, was also marked with a building line of 25 feet. The north 57 feet 1 inch of these is the Vette lot; Mrs. Clark's 17 feet fronting west at the north end of the court, as shown on the above plat.
That part of their respective lots included in West Cabanne court in front thereof has never been separately assessed, but, in the words of the stipulation, the same "has been assessed in connection with and as part of the said parcels of the said John H. Vette and Emma M. Clark, respectively," and they have regularly paid taxes thereon for the years 1909, 1910, and 1911.
On June 5, 1907, nearly all the owners of land in Townsend's subdivision fronting on West Cabanne place executed a quitclaim deed to William Yule, purporting to convey all their right, title, and interest in West Cabanne court, with the following explanation:
"It is the intention of this instrument to sell, and release all right, title, and interest which said parties of the first part have in and to, said parcels of, land by reason of certain easements mentioned in the plat of said subdivision, recorded in Plat Book 12, page 132, of the recorder of deeds' office in the city of St. Louis, and in certain deeds from Townsend to the parties of the first part or their prior grantors, for the purpose of vacating said strip as private streets."
The defendant West Cabanne Improvement Company is a corporation formed July 5, 1905, the shareholders being all the owners of lots fronting on West Cabanne place. Yule was its secretary, and took the deed to himself in that capacity.
In October, 1905, that part of the subdivision lying west of the court and south of appellant's lot was replatted by the corporation, extending West Cabanne place across the court, where it terminated in a circling drive, to which the frontage of all lots except appellant's was changed from the court, so that the rear of those which adjoined him were backed against his lot. His only means of egress shown by the record is through the court, over the land involved in this suit, to West Cabanne place, his easement in which would be unavailable otherwise than by passing through the court.
From the judgment of the trial court, enforcing the lien of the state against all the defendants, Vette appealed.
William F. Smith, of St. Louis, and Henry Higginbotham, of Clayton, for appellant. Edw. W. Foristel, of St. Louis, for respondent.
BROWN, C. (after stating the facts as above).
The...
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