Consolidation of pending suits with suits brought under thislaw--action, when (first class counties).
141.350. 1. All suits to collect delinquent tax bills whichmay be pending at the time of the commencement of any suitsbrought under sections 141.210 to 141.810 affecting the same landshall be consolidated with suits brought under said sections, andthe parties to such pending suits shall file answers within thetime and as provided in sections 141.210 to 141.810; provided,however, that any tax bills sought to be collected in any pendingsuits may be included in any list or lists included as a part ofany petition filed by the collector, and, if so included in anylist filed as part of any such petition, such inclusion shall actas an abatement of any such pending suit, and all amounts thendue on such tax bills, including interest, penalties, attorney'sfees and costs, shall be so listed and charged, and shallthereupon continue in full force and effect the liens thereforagainst the respective parcels of real estate described thereinand so listed in the petition filed under sections 141.210 to141.810; and, when so listed and included in the petition, noanswer shall be required to be filed in such collector's suit tocollect such delinquent tax bills.
2. Suits brought under sections 141.210 to 141.810,involving delinquent tax bills sought to be collected by suitspending at the time suits are brought under these sections, shallbe tried as all other actions under said sections, and thestatutes of limitations shall not prevent the parties to suchpending suits from asserting all rights and defenses which theythen had.
3. Any lien, tax lien, represented by tax certificates,certificates of purchase or tax deeds, owned or held by anyperson or taxing authority existing at the time sections 141.210to 141.810 become effective shall not be abated by the terms ofsaid sections, but the holders thereof shall assert theirrespective liens in any suits brought under these sectionsaffecting such real estate by inclusion in the petition, or byanswer within the time provided by said sections for the filingof answers, but if no suit be brought by the collector affectingsuch real estate, then any taxing authority or the owner orholder of any such tax lien must bring an action as provided insection 141.310 within three years after the time when such lienor tax lien becomes delinquent. If, through any error, mistake,omission, or oversight, any petition or part thereof is dismissedas to the lien of any tax bill affecting any parcel of realestate described therein, such dismissal shall be withoutprejudice and the owner or holder of such tax bill may at hisoption bring or cause another suit to foreclose such tax lien tobe brought at any time within one year after the date of suchdismissal, but not thereafter.
(L. 1943 p. 1029 § 20, A.L. 1982 H.B. 1351, et al.)
Consolidation of pending suits with suits brought under thislaw--action, when (first class counties).
141.350. 1. All suits to collect delinquent tax bills whichmay be pending at the time of the commencement of any suitsbrought under sections 141.210 to 141.810 affecting the same landshall be consolidated with suits brought under said sections, andthe parties to such pending suits shall file answers within thetime and as provided in sections 141.210 to 141.810; provided,however, that any tax bills sought to be collected in any pendingsuits may be included in any list or lists included as a part ofany petition filed by the collector, and, if so included in anylist filed as part of any such petition, such inclusion shall actas an abatement of any such pending suit, and all amounts thendue on such tax bills, including interest, penalties, attorney'sfees and costs, shall be so listed and charged, and shallthereupon continue in full force and effect the liens thereforagainst the respective parcels of real estate described thereinand so listed in the petition filed under sections 141.210 to141.810; and, when so listed and included in the petition, noanswer shall be required to be filed in such collector's suit tocollect such delinquent tax bills.
2. Suits brought under sections 141.210 to 141.810,involving delinquent tax bills sought to be collected by suitspending at the time suits are brought under these sections, shallbe tried as all other actions under said sections, and thestatutes of limitations shall not prevent the parties to suchpending suits from asserting all rights and defenses which theythen had.
3. Any lien, tax lien, represented by tax certificates,certificates of purchase or tax deeds, owned or held by anyperson or taxing authority existing at the time sections 141.210to 141.810 become effective shall not be abated by the terms ofsaid sections, but the holders thereof shall assert theirrespective liens in any suits brought under these sectionsaffecting such real estate by inclusion in the petition, or byanswer within the time provided by said sections for the filingof answers, but if no suit be brought by the collector affectingsuch real estate, then any taxing authority or the owner orholder of any such tax lien must bring an action as provided insection 141.310 within three years after the time when such lienor tax lien becomes delinquent. If, through any error, mistake,omission, or oversight, any petition or part thereof is dismissedas to the lien of any tax bill affecting any parcel of realestate described therein, such dismissal shall be withoutprejudice and the owner or holder of such tax bill may at hisoption bring or cause another suit to foreclose such tax lien tobe brought at any time within one year after the date of suchdismissal, but not thereafter.
(L. 1943 p. 1029 § 20, A.L. 1982 H.B. 1351, et al.)
Consolidation of pending suits with suits brought under thislaw--action, when (first class counties).
141.350. 1. All suits to collect delinquent tax bills whichmay be pending at the time of the commencement of any suitsbrought under sections 141.210 to 141.810 affecting the same landshall be consolidated with suits brought under said sections, andthe parties to such pending suits shall file answers within thetime and as provided in sections 141.210 to 141.810; provided,however, that any tax bills sought to be collected in any pendingsuits may be included in any list or lists included as a part ofany petition filed by the collector, and, if so included in anylist filed as part of any such petition, such inclusion shall actas an abatement of any such pending suit, and all amounts thendue on such tax bills, including interest, penalties, attorney'sfees and costs, shall be so listed and charged, and shallthereupon continue in full force and effect the liens thereforagainst the respective parcels of real estate described thereinand so listed in the petition filed under sections 141.210 to141.810; and, when so listed and included in the petition, noanswer shall be required to be filed in such collector's suit tocollect such delinquent tax bills.
2. Suits brought under sections 141.210 to 141.810,involving delinquent tax bills sought to be collected by suitspending at the time suits are brought under these sections, shallbe tried as all other actions under said sections, and thestatutes of limitations shall not prevent the parties to suchpending suits from asserting all rights and defenses which theythen had.
3. Any lien, tax lien, represented by tax certificates,certificates of purchase or tax deeds, owned or held by anyperson or taxing authority existing at the time sections 141.210to 141.810 become effective shall not be abated by the terms ofsaid sections, but the holders thereof shall assert theirrespective liens in any suits brought under these sectionsaffecting such real estate by inclusion in the petition, or byanswer within the time provided by said sections for the filingof answers, but if no suit be brought by the collector affectingsuch real estate, then any taxing authority or the owner orholder of any such tax lien must bring an action as provided insection 141.310 within three years after the time when such lienor tax lien becomes delinquent. If, through any error, mistake,omission, or oversight, any petition or part thereof is dismissedas to the lien of any tax bill affecting any parcel of realestate described therein, such dismissal shall be withoutprejudice and the owner or holder of such tax bill may at hisoption bring or cause another suit to foreclose such tax lien tobe brought at any time within one year after the date of suchdismissal, but not thereafter.
(L. 1943 p. 1029 § 20, A.L. 1982 H.B. 1351, et al.)
