Caperton v. Humpick
Court of Appeals of Kentucky
Case 18 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. Breckinridge street had not been dedicated as a public street when the contractor did this work; nor was the property sought to be charged situated within a square bounded by streets; and, for each of these reasons, this tax can not be enforced against the property owners. (Preston y.
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Case 18 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. Breckinridge street had not been dedicated as a public street when the contractor did this work; nor was the property sought to be charged situated within a square bounded by streets; and, for each of these reasons, this tax can not be enforced against the property owners. (Preston y. Roberts, 12 Bush, 570.) 2. The evidence shows there had never been any dedication or grant by the property owners of this land called Breckinridge street, as a public street. The filing of a map, showing streets laid off, is not a dedication, if…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OE THE COURT.
Appellee Humpick, a contractor, brought this action to enforce a lien on certain land to pay for improvement of what is called Breckinridge street, between Underhill and Yine streets, done by him under an ordinance of the General Council of Louisville. The land assessed to pay for the improvement, and upon'which the lien is claimed, is composed of quarter squares between Breckinridge and Caldwell and Dupuy streets, situated north, and between it and Lampton and Yine streets, south. And the only issue that seems to be involved, or that counsel…
2Cited by7 opinions
- Barfield v. GleasonCourt of Appeals of Kentucky · 1901
- Realty Savings Co. v. Southern Asphaltoilene Road Co.Court of Appeals of Kentucky · 1918
- Dulaney v. FiggCourt of Appeals of Kentucky · 1906
- Fischer v. James A. Diskin Co.Court of Appeals of Kentucky (pre-1976) · 1933
- Foulk v. City of LouisvilleCourt of Appeals of Kentucky (pre-1976) · 1937
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