140.490. Action by damaged party against collector.
Action by damaged party against collector.
140.490. Whenever the owner of any tract, lot, parcel orpiece of land is deprived of his title thereto, or to someportion thereof, or by reason of any suit in relation thereto isput to expense, damages, costs or charges, by reason of thefailure of the county collector to give proper credit for anytaxes paid by him, or whenever any tract, parcel or lot of landshall have been assessed to two or more different persons and theentire tax shall have been paid by either of them, and thecollector shall sell such land as delinquent on account of thenonpayment by the other party of the taxes assessed against himthereon, the party damaged by such sale, or his legalrepresentatives, may, in an action against the officer by whoseact or omission such damages have been caused, or upon hisofficial bond, recover a judgment for the amount of all thedamages, costs and charges to which such owner may have beensubjected in consequence of such failure or such dereliction ofduty, and in addition a ten percent penalty thereon.
(RSMo 1939 § 11172)