Legal Opinion

Tabb v. Commonwealth

Supreme Court of Virginia

Decided January 25, 1900PublishedCited by 14 opinions

Appeal from a decree of the Circuit Court of Henrico county pronounced March 10, 1899, in a suit in chancery wherein the appellant, Charles S. Tabb, was the complainant, and the other appellants were the defendants.

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Appeal from a decree of the Circuit Court of Henrico county pronounced March 10, 1899, in a suit in chancery wherein the appellant, Charles S. Tabb, was the complainant, and the other appellants were the defendants. This was a suit in chancery instituted by Charles S. Tabb, a son of P. M. Tabb and wife, against the 'other children of said P. M. Tabb and wife, and the children of a deceased child, for the purpose of having a partition of certain real estate situate in the city of Richmond and county of Henrico which had been settled upon the said P. M. Tabb and wife for their joint lives, with…

1Opinion of the CourtRiely, J.

The question for decision in this case is whether taxes and levies assessed on land are a lien on the fee, or only on the estate in the land of the person against whom or in whose name they are assessed; or, to be more specific, are taxes and levies, which accrued during the estate of a tenant for life, liens on the estate of the remainderman and enforceable against it. It is not a question of the power of the legislature to make taxes and levies liens on the fee or entire interest in the land, but whether it has done so.

For the proper determination of the question, it is necessary to…

2Cases cited3 opinions

  1. Reiche v. Smythe, CollectorSupreme Court of the United States · 1872
  2. Orange & Alexandria Railroad v. City Council of AlexandriaSupreme Court of Virginia · 1867
  3. Dooley v. ChristianSupreme Court of Virginia · 1899

3Cited by14 opinions

  1. Norfolk Southern Railway Co. v. LassiterSupreme Court of Virginia · 1952
  2. Patterson v. Old Dominion Trust Co.Court of Appeals of Virginia · 1927
  3. Powers v. City of RichmondSupreme Court of Virginia · 1918
  4. East Coast Freight Lines v. City of RichmondSupreme Court of Virginia · 1953
  5. Pound v. Department of Game & Inland FisheriesCourt of Appeals of Virginia · 2003

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