Section 88.861

Title VII CITIES, TOWNS AND VILLAGES

Chapter 88

Effective - 28 Aug 1959   

  88.861.  Special judgment on tax bill, effect — interest rate — parties only bound. — In any suit for the foreclosure of a special tax lien, the judgment shall be special, that the plaintiff recover the amount found due, including interest, together with the costs, including a reasonable attorney fee, to be levied and made on the land described in the tax bill or liable for the special tax, and a special execution shall issue to sell the land to pay any judgment, interest and cost.  The judgment, exclusive of costs, shall bear interest at the same rate as the special tax.  The suits may be brought in any court of competent jurisdiction.  Proceedings on special executions on the judgment shall, including the making of the deeds to purchasers, conform, as far as practicable, to proceedings on other special executions from the circuit court.  Every special judgment shall bind all the right, title, interest and estate in the land that defendants, and each of them, own at the time that the lien of the special tax commenced or acquired afterward, and a sale on execution thereof shall vest all right, title, interest and estate in the purchaser; but parties interested in the land not made defendants shall not be affected thereby, and if they claim through or under any party defendant by right acquired before the suit was brought, may redeem from the purchaser or otherwise assert their rights according to equity and good conscience.

­­--------

(L. 1959 S.B. 344 § 22)