City of Middlesboro v. Coal & Iron Bank
Court of Appeals of Kentucky
Case 91 — Action to Enforce a Tax Lien APPEAL PROM BELL CIRCUIT COURT. Judgment for Defendants and Plaintiff Appeals. 1. The city council of Middlesboro did not levy a itax for the year 1893 on the franchise of the Coal & Iron Bank. Revenue Act of November 11, 1S92, art. 3, sec. 16. 2. No lien attaches upon the tangible property of a corporation to secure payment of a tax levied on the franchise of that corporation.
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Case 91 — Action to Enforce a Tax Lien APPEAL PROM BELL CIRCUIT COURT. Judgment for Defendants and Plaintiff Appeals. 1. The city council of Middlesboro did not levy a itax for the year 1893 on the franchise of the Coal & Iron Bank. Revenue Act of November 11, 1S92, art. 3, sec. 16. 2. No lien attaches upon the tangible property of a corporation to secure payment of a tax levied on the franchise of that corporation. Act of March 15, 1894, sec. 3, Acits 1894; Revenue Act of November 11, 1892; Kentucky Statutes, section 2536. 3. The purchaser of property sold under judicial proceedings in an…
1Opinion of the Court
Opinion oe the court by
JUDGE WHITE
Reversing.
The appellant, city of Middlesboro, is a city of the fourth class. . On February • 22,1893, appellant’s board of council passed an ordinance levying a tax for the fiscal year ending April 30, 1894, upon all the taxable property in the city as of its value November 1, 1892, as assessed by the assessor and equalized by the board of equalization, specifying the purposes, etc., for which it would be used. On August 16, 1893, the auditor certified1 to the clerk of Bell County Court that the Coal & Iron Bank had been assessed on its franchise for taxes…
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