American Mills Co. v. Fifer, Treas.

Appellant filed its complaint in the Clark Circuit Court to recover taxes paid to the treasurer of said county. It is alleged that the assessment of such taxes was void; that appellee had levied upon certain personal property owned by appellant; that in order to avoid and prevent a threatened sale of the property by the appellee, it paid the amount of such taxes so assessed and that all of the money so paid by appellant was in the possession of appellee when the complaint was filed. A demurrer to the complaint was sustained and judgment rendered against appellant.

Appellant contends that the…