Louisville School Board v. Bank of Kentucky
Court of Appeals of Kentucky
Case 22 — PETITION EQUITY, Transferred to Common Law Docket APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. 1. Chancery has jurisdiction in escheat cases by the common and statute law. (Kentucky Code, sec. 6; Burgess v. Wheat, 1. Wm. Bl., 131; Ky.
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Case 22 — PETITION EQUITY, Transferred to Common Law Docket APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. 1. Chancery has jurisdiction in escheat cases by the common and statute law. (Kentucky Code, sec. 6; Burgess v. Wheat, 1. Wm. Bl., 131; Ky. St., M. & B., 1261-620; Rev. St., vol. 1, p. 458; Gen. St., 404, art. 1, 2, 3, 4; Commonwealth v. Blanton’s Ex’r, 2 B. M., 400; Gen. Acts, 1881, p. 108.) 2. School board is subrogated to the rights of the State as to property in Louisville subject to escheat. (Acts March 24, 1851; February 28, 1860; February 8, 1861; March 3, 1870; Elliott's Charter,…
1Opinion of the CourtChief Justice Pryor
The case of the Bank of Louisville v. Board of Trustees of Public Schools, 83 Ky., 219, involved a question similar to the one raised in this case, and the act under which the school board asserted its right to the .money was held to be unconstitutional.
The passage of an act amending the Statute of Es-cheats, that was not in force when the case referred to was disposed of in the court below, creates the distinction, if any exists, between that case and the one now being considered.
The original act, that was local in its character, and applied alone to the city schools of Louisville, compelled…
2Cases cited1 opinion
- Bank of Louisville v. Board of Trustees of Public SchoolsCourt of Appeals of Kentucky · 1885
3Cited by5 opinions
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- War Fork Land Company v. CarrCourt of Appeals of Kentucky (pre-1976) · 1930
- Anderson Nat. Bank v. ReevesCourt of Appeals of Kentucky (pre-1976) · 1942
- Duncan v. GloreCourt of Appeals of Kentucky · 1920
- McLean v. A. O. U. W. Grand LodgeSouth Dakota Supreme Court · 1931