State ex rel. Badger v. Recorder of Mortgages
Supreme Court of Louisiana
APPEAL from tlie Civil District Court for tlie Parish of Orleans. Mug, J. 1. A suit for the purpose of securing the erasure and cancellation of tax assessments liens, privileges and inscriptions, from the hooks of the Recorder of Mortgages and Comptroller of the City of How Orleans, on the ground that tho property was erroneously described on the assessment rolls, and was listed in the name of ono not the ownor of tho property, is not a suit in which the legality or…
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APPEAL from tlie Civil District Court for tlie Parish of Orleans. Mug, J. 1. A suit for the purpose of securing the erasure and cancellation of tax assessments liens, privileges and inscriptions, from the hooks of the Recorder of Mortgages and Comptroller of the City of How Orleans, on the ground that tho property was erroneously described on the assessment rolls, and was listed in the name of ono not the ownor of tho property, is not a suit in which the legality or constitutionality of tho tax is in contestation, and hence the jurisdiction of tlie Supreme Court is to bo tested by tho amount…
1Opinion of the Court
On Motion to Dismiss.
Tho opinion of tlie Court was delivered by
McEnery, J.
The relator in a mandamus proceeding prayed for the cancellation of tax inscriptions which were made against property purchased by him, for the years 1881, 1882. Tlie allegations in the petition are “that said taxes and tax inscriptions are clouds upon the title of the property herein, and should be annulled, cancelled and erased as being grossly erroneous as to description in the assessment rolls; as being absolute nullities as being assessed in the name of one not the owner; and as having been prescribed.”
From an…
2Cited by2 opinions
- Thomas v. Lincoln CountyWashington Supreme Court · 1905
- Nylka Land Co. v. City of New OrleansSupreme Court of Louisiana · 1924