Keller v. Wilson
Court of Appeals of Kentucky
Case 56 — PETITION EQUITY APPEAL FROM M’CRACKEN COURT OF COMMON PLEAS. 1. The judgment under which the lot in controversy was sold was void. A judgment against infants for more than was asked in the prayer of the petition is void.
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Case 56 — PETITION EQUITY APPEAL FROM M’CRACKEN COURT OF COMMON PLEAS. 1. The judgment under which the lot in controversy was sold was void. A judgment against infants for more than was asked in the prayer of the petition is void. (Allsmiller v. Prouchtenecht, 86 Ky., 198.) 2. Even if the judgment was not void the case should be opened up, and the infants allowed to make defense, and show that no taxes remained unpaid against their lot. 3. A city can not bo empowered to buy and sell real estate except for municipal purposes. (Loan Asso. v. Topeka, 120 U. S., 658.) Authority to a municipal…
1Opinion of the Court
•CHIBIT JUSTICIO HOLT
delivered the oeikton oe tiie oourt.
The appellant, Elizabeth Keller, was the owner in fee-simple of a lot in the city of Paducah, and of a life estate in an adjoining lot, with remainder to her children, who are also appellants. Both lots were sold for her city taxes by the city collector prior to June, 1878, and purchased by the city. Its charter provides that such a sale shall create a lien upon the property sold for the taxes, which may be enforced as any other lien debt by a suit in equity. June '29, 1878, the city brought its action for this purpose, Mrs. Keller and…
2Cases cited1 opinion
- Simmons v. McKayCourt of Appeals of Kentucky · 1868
3Cited by10 opinions
- Harrod v. HarrodCourt of Appeals of Kentucky · 1915
- Ratliff v. ChildersCourt of Appeals of Kentucky · 1917
- Oliver v. ParkCourt of Appeals of Kentucky · 1897
- Williams v. City of FargoNorth Dakota Supreme Court · 1933
- Cain v. HallCourt of Appeals of Kentucky (pre-1976) · 1925
5 more not listed; retrieve them via the Exa API.