88.861. Special judgment on tax bill, effect--interest rate--parties only bound.
Special judgment on tax bill, effect--interest rate--parties onlybound.
88.861. In any suit for the foreclosure of a special taxlien, the judgment shall be special, that the plaintiff recoverthe amount found due, including interest, together with thecosts, including a reasonable attorney fee, to be levied and madeon the land described in the tax bill or liable for the specialtax, and a special execution shall issue to sell the land to payany judgment, interest and cost. The judgment, exclusive ofcosts, 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 faras practicable, to proceedings on other special executions fromthe circuit court. Every special judgment shall bind all theright, title, interest and estate in the land that defendants,and each of them, own at the time that the lien of the specialtax commenced or acquired afterward, and a sale on executionthereof shall vest all right, title, interest and estate in thepurchaser; but parties interested in the land not made defendantsshall not be affected thereby, and if they claim through or underany party defendant by right acquired before the suit wasbrought, may redeem from the purchaser or otherwise assert theirrights according to equity and good conscience.
(L. 1959 S.B. 344 § 22)