Legal Opinion

Seibert v. City of Louisville

Court of Appeals of Kentucky

Decided April 12, 1907PublishedCited by 4 opinions

CASE 35 — ACTION BY THE CITY OF LOUISVILLE AGAINST JACOB SEIBERT AND OTHERS TO ENFORCE A LIEN FOR TAXES. Appeal from Jefferson Circuit Court (First Chancery Branch). Shackelford Miller, Judge. Judgment for plaintiff. Defendants appeal. PROPOSITION AND AUTHORITIES.

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CASE 35 — ACTION BY THE CITY OF LOUISVILLE AGAINST JACOB SEIBERT AND OTHERS TO ENFORCE A LIEN FOR TAXES. Appeal from Jefferson Circuit Court (First Chancery Branch). Shackelford Miller, Judge. Judgment for plaintiff. Defendants appeal. PROPOSITION AND AUTHORITIES. After an action to enforce a lien for taxes assessed and levied by the appellee has- been permitted to sleep on the docket for eight years, seven months and seventeen days without a step being taken in its prosecution, it is too late to wake it up to the prejudice and confusion of an innocent purchaser for a valuable consideration…

1Opinion of the Court

Opinion op the Court by

Judge Barker

Affirming.

In the year 1896 the city of Louisville instituted this action in the chancery division of the Jefferson circuit court to enforce a lien for taxes upon the lot of land described in the petition. Jacob Seibert, the owner, was duly served with summons, and then nothing was dóne, either by the plaintiff or the defendant, in the prosecution of the suit thus instituted, until 1901, a little less than five years after the beginning of the litigation. In January, 1905, the Columbia Finance & Trust. Company purchased the property of Seibert and paid him…

2Cases cited2 opinions

  1. Norris v. IleIllinois Supreme Court · 1894
  2. Morgan v. HammettWisconsin Supreme Court · 1874

3Cited by4 opinions

  1. Louisville Asphalt Co. v. CobbCourt of Appeals of Kentucky (pre-1976) · 1949
  2. Taylor v. City of La GrangeCourt of Appeals of Kentucky (pre-1976) · 1936
  3. Davie's v. City of LouisvilleCourt of Appeals of Kentucky · 1916
  4. City of Louisville v. SonneCourt of Appeals of Kentucky · 1912

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