Legal Opinion

City of Louisville v. Anderson

Court of Appeals of Kentucky

Decided March 19, 1881PublishedCited by 24 opinions

Case 70 — EQUITY APPEALS FROM LOUISVILLE CHANCERY COURT. 1. The money was voluntarily paid. 2. Appellees had full knowledge of the situation of their land, and having voluntarily paid the taxes, they cannot recover them back. •3. The payments were made without protest or objection.

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Case 70 — EQUITY APPEALS FROM LOUISVILLE CHANCERY COURT. 1. The money was voluntarily paid. 2. Appellees had full knowledge of the situation of their land, and having voluntarily paid the taxes, they cannot recover them back. •3. The payments were made without protest or objection. More than five years have elapsed after appellees, by ordinary diligence, ought to have discovered the alleged mistake. •4. The weight of authority outside of Kentucky is, that money paid under mistake of law cannot be recovered back. (Ray, &c., v. Bank of Kentucky, 3 B. Mon.; Covington v. Powell, 2 Met., 228;…

1Opinion of the Court

JUDGE PRYOR

delivered the opinion of the court.

These several actions in equity were instituted in the Louisville chancery court by George W. Anderson and others against the city of Louisville, in which it is alleged that they (the plaintiffs) are the owners of certain real estate in the county of Jefferson, within the corporate limits of the city of Louisville, a municipal corporation created by the laws of the state, and authorized to sue and be sued; that this corporation for a number of years not only claimed the right, but did in fact tax the lands of the plaintiffs (now apellees) for its…

2Cases cited2 opinions

  1. Sheldon v. South School District in the West SocietySupreme Court of Connecticut · 1855
  2. City of Covington v. PowellCourt of Appeals of Kentucky · 1859

3Cited by24 opinions

  1. Greene v. Taylor, Jr. & SonsCourt of Appeals of Kentucky · 1919
  2. Louisville & Nashville R. R. v. Hopkins CountyCourt of Appeals of Kentucky · 1888
  3. Louisville & Nashville Railroad v. Commonwealth ex rel. Marion CountyCourt of Appeals of Kentucky · 1890
  4. Alexander v. Owen CountyCourt of Appeals of Kentucky · 1910
  5. City of Morganfield v. WathenCourt of Appeals of Kentucky · 1924

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