First Nat. Bank of Chattanooga v. Coffey

Me. Special Justice R. A. Davis

delivered the opinion of the Court.

This cause involves the determination of the right of the back tax attorney of Hamilton county to collect a fee of $8,727.44, as the seven per cent, penalty on certain delinquent taxes claimed against property which E. H. Lawman, receiver, is alleged to owe. The taxes, upon which this additional penalty is claimed, were levied on real estate covered by mortgages held in what is called the participation certificate mortgage pool, and of which Lawman is receiver.

The right to collect this penalty is not asserted by the state, nor…