Hinchman v. Morris
West Virginia Supreme Court
A statement of the case by Geeen, Judge : On September 1,1877, John S. Wilkinson filed his petition in the cause of Elizabeth. Hinehman, curator dec. v. Charles K. Morris, administrator of John Morris, deceased, et aln which was a creditors’ suit then pending in the Circuit Court of Cabell county brought to subject the assets of John Morris, deceased, both real and personal, to the payment of his. debts.
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A statement of the case by Geeen, Judge : On September 1,1877, John S. Wilkinson filed his petition in the cause of Elizabeth. Hinehman, curator dec. v. Charles K. Morris, administrator of John Morris, deceased, et aln which was a creditors’ suit then pending in the Circuit Court of Cabell county brought to subject the assets of John Morris, deceased, both real and personal, to the payment of his. debts. The petition was as follows: “John S. Wilkinson, your petitioner, represents that he was deputy sheriff of Cabell county in the year 1860, that as such deputy sheriff he paid the tax bill…
1Opinion of the Court
GkbeN, Jun&E:
The main inquiry presented by the record' is: When a sheriff pays the taxes assessed against tax-payers, whether it be a county-levy or a State-tax on real and personal property, by advancing his own funds without the previous or subsequent knowledge or authority of the tax-payers, what, if any, claim does he thereby acquire against such tax-payers in their lifetime or their estates real or personal after their death? As the answer to this inquiry depends largely upon our statute-law, and as in the case before us these rights arose, if any exist, during the years 1861 and 1862…
2Cases cited13 opinions
- City of Carondelet v. PicotSupreme Court of Missouri · 1866
- Buster v. HollandWest Virginia Supreme Court · 1886
- Lloyd v. KyleWest Virginia Supreme Court · 1885
- McInerny v. ReedSupreme Court of Iowa · 1867
- Shaw v. PeckettSupreme Court of Vermont · 1854
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3Cited by18 opinions
- Brown v. Sheldon State BankSupreme Court of Iowa · 1908
- McEldowney v. WyattWest Virginia Supreme Court · 1898
- Woodyard v. SayreWest Virginia Supreme Court · 1922
- Camden v. Fink Coal & Coke Co.West Virginia Supreme Court · 1928
- Sperry v. Butler, TrusteeSupreme Court of Connecticut · 1903
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