Alexander v. Aud
Court of Appeals of Kentucky
Case 14. — ACTION BY J. B. AUD AND OTHERS AGAINST GEORGE H. ALEXANDER, AS REVENUE AGENT, FOR AN INJUNCTION .TO PREVENT THE SALE OF LAND FOR TAXES. Appeal from Daviess Circuit Court. T. F. Birkhead, Circuit Judge. Judgment for plaintiff. Defendant appeals. POINTS OF LAW AND AUTHORITIES. 1. This suit has 1,185 plaintiffs. It does not "involve a common or general interest of many persons” within the meaning of sec. 25 of the Code, and one or more may not sue for all.
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Case 14. — ACTION BY J. B. AUD AND OTHERS AGAINST GEORGE H. ALEXANDER, AS REVENUE AGENT, FOR AN INJUNCTION .TO PREVENT THE SALE OF LAND FOR TAXES. Appeal from Daviess Circuit Court. T. F. Birkhead, Circuit Judge. Judgment for plaintiff. Defendant appeals. POINTS OF LAW AND AUTHORITIES. 1. This suit has 1,185 plaintiffs. It does not "involve a common or general interest of many persons” within the meaning of sec. 25 of the Code, and one or more may not sue for all. There is no community of interest. The proceeding is in rem against each separate piece of property. It is not enough, that all…
1Opinion of the Court
Opinion by
Judge O’Rear
Reversing.
From time to time the sheriffs of Daviess county have reported sales of certain parcels of real estate in that county to the State for taxes assessed *109against the owners. The Auditor directed appellant, as revenue agent for the State, to sell these lands and to cover into the treasury the proceeds of sales. This suit was brought by nineteen plaintiffs, each of whom owned separate tracts, listed separately for some of the years in question, suing on their own behalf and on behalf of some 1,170 other plaintiff's similarly situated, who were not named in the…
2Cases cited11 opinions
- Deposit Bank of Owensboro v. Daveiss CountyCourt of Appeals of Kentucky · 1897
- Smith v. RyanCourt of Appeals of Kentucky · 1889
- Allen v. PerrineCourt of Appeals of Kentucky · 1898
- Henderson County v. Henderson Bridge Co.Court of Appeals of Kentucky · 1903
- Turner v. Town of Pewee ValleyCourt of Appeals of Kentucky · 1896
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Union Light, Heat & Power Co. v. MulliganCourt of Appeals of Kentucky · 1917
- James v. BlantonCourt of Appeals of Kentucky · 1909
- Moseley v. HamiltonCourt of Appeals of Kentucky · 1910
- Anderson v. DaughertyCourt of Appeals of Kentucky · 1916
- Wildharber v. LunkenheimerCourt of Appeals of Kentucky · 1908
9 more not listed; retrieve them via the Exa API.