James v. Blanton
Court of Appeals of Kentucky
CASE 101. — SUIT BY J. B. BLANTON AND OTHERS AGAINST FRANK P. JAMES, AUDITOR, AND ANOTHER TO RESTRAIN THEM FROM SELLING CERTAIN PROPERTY FOR TAXES. — Appeal from Franklin Circuit Court.
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CASE 101. — SUIT BY J. B. BLANTON AND OTHERS AGAINST FRANK P. JAMES, AUDITOR, AND ANOTHER TO RESTRAIN THEM FROM SELLING CERTAIN PROPERTY FOR TAXES. — Appeal from Franklin Circuit Court. Judgment for plaintiffs, defendants appeal. — POINTS AN© AUTHORITIES. 1. The petition for an injunction in this case is fatally defective because no tender of the taxes was made by plaintiff, and the court failed to require the payment of the taxes actually due before granting the restraining order. Defendant’s demurrer should have been sustained. Louisville Water Co. v. Clark, 15 Rep. 94, sustained by Supreme…
1Opinion of the Court
Opinion op the Court by
Judge Hobson
— Reversiag.
In April, 1893, tire sheriff of Franklin county sold certain property of Mrs. Alice Blanton at public sale to make the taxes due the state and county for the year 1892; and, no one else bidding, the property was bid in for the state. Similar sales were made in the years 1895 and 1896. In the year 19.08 the property was sold in a suit against Mrs. Blanton, and was bought by J. B. Blanton and others. In January, 1909, James A. Violett, a state revenue agent, acting under 'the direction of the Auditor, advertised the land *807for sale for the taxes for…
2Cases cited3 opinions
- Commonwealth v. Rosenfield Bros.Court of Appeals of Kentucky · 1904
- Alexander v. AudCourt of Appeals of Kentucky · 1905
- Husbands v. PolivickCourt of Appeals of Kentucky · 1906
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- Heath v. HazelipCourt of Appeals of Kentucky · 1914
- McCague Investment Co. v. MallinWyoming Supreme Court · 1918
- Hall v. HallCourt of Appeals of Kentucky · 1917
- DeSembly v. DedmanCourt of Appeals of Kentucky · 1914
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