Maguiar v. Henry
Court of Appeals of Kentucky
Case 1 — PETITION EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. Common law presumption in favor of tax title. (Hiclcman v. Boffman, Hardin, 362; Allen v. Robinson, 3 Bibb, 326; Bodley v. Hord, 2 Marsh., 244; Graves v. Hayden, 2 Litt., 65; Hickman v. Skinner, 3 Mon., 211; Blight’s Heirs v. Banks, &c„ 6 Mon., 206; Curry v. Fowler, 5 J. J. Mar., 152; Oldham v. Jones, 5 B. M., 462; Vincent v. Eaves, 1 Met., 248; Trustees of Common School District v. Garvey, 80 Ky., 163. Cases…
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Case 1 — PETITION EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. Common law presumption in favor of tax title. (Hiclcman v. Boffman, Hardin, 362; Allen v. Robinson, 3 Bibb, 326; Bodley v. Hord, 2 Marsh., 244; Graves v. Hayden, 2 Litt., 65; Hickman v. Skinner, 3 Mon., 211; Blight’s Heirs v. Banks, &c„ 6 Mon., 206; Curry v. Fowler, 5 J. J. Mar., 152; Oldham v. Jones, 5 B. M., 462; Vincent v. Eaves, 1 Met., 248; Trustees of Common School District v. Garvey, 80 Ky., 163. Cases explained: McKee v. Walker, 2 Ky. Law Rep., 320; Helm v. Payne, 1 Ky. Law Rep., 350; Ormsby v. City of Louisville, '79…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
Section 19 of what is known as the “Auditor’s Agent Act,” approved May 6, 1880, provides:
“In all suits and controversies involving the title to land claimed and held by virtue of a deed executed by the Auditor for non-payment of taxes there ■ on, the person claiming adverse title to such heed shall be required to prove, in order to defeat the title conveyed by such deed, either that the land described therein was not subject to taxation at the date of the assessment of the tax for which it was sold, or that the taxes for the non-payment of which…
2Cases cited1 opinion
- Stoudenmire v. BrownSupreme Court of Alabama · 1872
3Cited by10 opinions
- Middleton v. Texas Power & Light Co.Texas Supreme Court · 1916
- Kypadel Coal & Lumber Co. v. MillardCourt of Appeals of Kentucky · 1915
- Ferguson v. KabothOregon Supreme Court · 1903
- Wildharber v. LunkenheimerCourt of Appeals of Kentucky · 1908
- Draper v. ClaytonNebraska Supreme Court · 1910
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