88.858. Names of landowners not required in tax bills--parties to action on, assignment--petition in action, contents.
Names of landowners not required in tax bills--parties to action on,assignment--petition in action, contents.
88.858. No special tax bill need give the name of any partyowning or interested in any land charged and bound by the lien;and before suit the owner of any part in severalty, or of anyundivided interest in any land charged by any tax bill, may payhis share separately, in which case his part or interest shallnot be further liable in case of suit. All or any of the ownersof the land charged, or of any interest or estate therein, may bemade defendants in any suit, but only the right, title, interestand estate of the parties made defendant in any suit shall beaffected or bound thereby, or by the proceedings therein. Incase any owner of the land, or of any interest therein, shall beunknown, or a nonresident of the state, suit under this sectionmay be brought against the owner separately or together withothers, and the unknown or nonresident owner may be proceededagainst and charged by giving notice, either by publication in anewspaper or otherwise, as in suit in the circuit court toenforce any other lien on land in the county. Every tax bill,and the lien thereof, shall be assignable, and any assignee maysue in his own name. It shall be sufficient for the plaintiff,in any suit on the special tax bill, to plead the making of thetax bill sued upon, giving the date and contents thereof, and theassignment thereof, if any, and to allege that the party orparties made defendant own, or claim to own, the lands charged,or some estate or interest therein, as the case may be, and tofile the tax bill in suit. Special tax bills against differentlots or parcels of land, owned by the same party or parties madedefendant, may join in one suit; but a separate judgment on eachtax bill shall be rendered, and execution shall be issuedaccordingly.
(L. 1959 S.B. 344 § 21)