Legal Opinion

Commonwealth v. Nute

Court of Appeals of Kentucky

Decided March 25, 1903PublishedCited by 15 opinions

Case 28 — Action by Auditor's Agent in the Name oe the Commonmonwealth against Mahala Nute, to have Certain Property Assessed for Taxation. APPEAL FROM FLEMING CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals.

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Case 28 — Action by Auditor's Agent in the Name oe the Commonmonwealth against Mahala Nute, to have Certain Property Assessed for Taxation. APPEAL FROM FLEMING CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. Mahala Nute having a life estate in a farm, which, according to the life tables, was worth $4,000, sold in 1891, under a contract by which the purchasers executed to her their obligation to pay her on March 1, 1892, and each succeeding March 1 thereafter, so long as she lived, $500, which was secured by a lien on the land retained in the deed. The sole question on this appeal…

1Opinion of the Court

Opinion op the court by

JUDGE NUNN

Reversing.

On the 3d day of April, 1901, the auditor’s agent for Fleming county instituted this action or proceeding in the Fleming county court to have certain property belonging to appellee assessed for taxation, alleging that she had failed to assess the property as required by law. A trial was had in the county court, and that court dismissed the proceedings. The appellant appealed to the circuit court, and another trial was had. On this trial the proof showed the following facts: That appellee had, in each and every year, at the proper time, listed her…

2Cited by15 opinions

  1. Button v. DrakeCourt of Appeals of Kentucky (pre-1976) · 1946
  2. Richie v. OwsleyCourt of Appeals of Kentucky · 1909
  3. Commonwealth v. Rosenfield Bros.Court of Appeals of Kentucky · 1904
  4. Alexander v. Owen CountyCourt of Appeals of Kentucky · 1910
  5. Illinois Cent. R. R. v. CommonwealthCourt of Appeals of Kentucky · 1908

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