Commonwealth ex rel. Louisville School Board v. Chicago, St. L. & N. O. R. R.
Court of Appeals of Kentucky
CASE 64. — ACTION BY THE COMMONWEALTH FOR THE USE OF THE LOUISVILLE SCHOOL BOARD, AGAINST THE CHICAGO, ST. LOUIS & NEW ORLEANS R. R. CO., TO RECOVER CERTAIN REAL ESTATE AS„ESCHEATED PROPERTY. Appeal from, Jefferson Circuit Court; Chancery Branch (Second Division). Samuel B. Kirby, Judge. From a .judgment dismissing its petition plaintiff appeals. POINTS AND AUTHORITIES.
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CASE 64. — ACTION BY THE COMMONWEALTH FOR THE USE OF THE LOUISVILLE SCHOOL BOARD, AGAINST THE CHICAGO, ST. LOUIS & NEW ORLEANS R. R. CO., TO RECOVER CERTAIN REAL ESTATE AS„ESCHEATED PROPERTY. Appeal from, Jefferson Circuit Court; Chancery Branch (Second Division). Samuel B. Kirby, Judge. From a .judgment dismissing its petition plaintiff appeals. POINTS AND AUTHORITIES. (a) Under section 2971, Kentucky Statutes, the school board of cities of the first class can institute an action for the escheat of property for the cause mentioned in section 192 of the Constitution and section 567 of…
1Opinion of the Court
Opinion of the Court by
Chief Justice O’Rear—
Reversing.
More than five years before the institution of this suit the Chicago, St. Louis & New Orleans Railroad Company (the lessor by a perpetual .lease to appellee Illinois Central Railroad Company) became the owner in fee of certain lots of real estate in the City of Louisville, this State. It is charged in the petition in this case that the said real estate was not necessary *500or proper, and was not being used, for carrying on tbe legitimate bniness as a railroad corporation by the railroad companies named and sued, and had not been so needed or…
2Cases cited4 opinions
- Late Corp. of the Church of Jesus Christ of Latter-Day Saints v. United StatesSupreme Court of the United States · 1890
- Foster v. BlountSupreme Court of Alabama · 1851
- Commonwealth v. Wisconsin Chair Co.Court of Appeals of Kentucky · 1905
- Commonwealth v. Blanton's ExecutorsCourt of Appeals of Kentucky · 1842
3Cited by10 opinions
- Louisville School Board v. KingCourt of Appeals of Kentucky · 1908
- First National Bank of Elizabethtown v. CommonwealthCourt of Appeals of Kentucky · 1911
- Gregory v. Sohio Petroleum Co.Court of Appeals of Kentucky (pre-1976) · 1953
- Commonwealth v. Clark County National BankCourt of Appeals of Kentucky · 1919
- Louisville Insurance v. CommonwealthCourt of Appeals of Kentucky · 1912
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