State ex rel. Hauk v. American Trust Co.

The bill in this cause was filed by the State, through one of its revenue agents, to collect from the defendant what is known as the “mortgage registry” tax imposed by chapter 70 of the Acts of 1917. The chancellor held this section of the statute invalid, and the State has appealed.

The section is as follows:

“Tax on Mortgages, etc. That prior to the recording by the registers of the several counties of the State of any mortgage, or deed of trust, . . . executed as a pledge, mortgage, or conveyance in trust of any real or personal property situated in the State of Tennessee, or any interest in…