Dressman v. Farmers' & Traders' National Bank
Court of Appeals of Kentucky
Case 81 — PETITION EQUITY ■APPEAL FROM KENTON CIRCUIT COURT. 1. The lien attaches at the time fixed by the statute, and parties who acquire interests subsequent thereto, will be treated as purchasers pendente Ute; and express words are not necessary to authorize the inference that the statute intended to make the lien paramount.
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Case 81 — PETITION EQUITY ■APPEAL FROM KENTON CIRCUIT COURT. 1. The lien attaches at the time fixed by the statute, and parties who acquire interests subsequent thereto, will be treated as purchasers pendente Ute; and express words are not necessary to authorize the inference that the statute intended to make the lien paramount. (Elliott on Roads and Streets, pp. 432-435.) 2. Local assessments to pay for the improvement or repairing of streets, are levied under the same general sovereign power which is exercised in levying general revenue taxation; while it is not strictly a tax it is levied…
1Opinion of the Court
JUDGE BURNAM
delivered the opinion of t^e court:
This case involves a question of law growing out of these facts: The city of Covington, throng'll its contractor, the appellant, improved Linden avenue by grading and paving, and by an ordinance properly passed, assessed and levied a lien upon a couple of lots, located in Morton’s subdivision and fronting said Linden avenue, where the work was done, to pay their proportionate part of the expense of the improvement.. This ordinance was passed and lien imposed August 2,. 1892, upon the property which was owned by Id. T.. Morton, who, previous to…
2Cases cited3 opinions
- Zable v. Louisville Baptist Orphans' HomeCourt of Appeals of Kentucky · 1891
- Sheehan v. Good Samaritan HospitalSupreme Court of Missouri · 1872
- Johnston v. LouisvilleCourt of Appeals of Kentucky · 1875
3Cited by18 opinions
- Baldwin v. MoroneyIndiana Supreme Court · 1910
- Lybass v. Town of Fort MyersSupreme Court of Florida · 1908
- O'Dea v. MitchellCalifornia Supreme Court · 1904
- Nalle v. EavesTexas Commission of Appeals · 1928
- Kinston v. . R. R.Supreme Court of North Carolina · 1922
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