Legal Opinion

Kentucky Union Co. v. Commonwealth

Court of Appeals of Kentucky

Decided March 25, 1908PublishedCited by 16 opinions

CASE 62. — PROCEEDING BY THE COMMONWEALTH AGAINST THE KENTUCKY UNION COMPANY TO FORFEIT LAND OWNED BY DEFENDANT FOR NON-POYMENT OF TAXES. — Appeal from Leslie Circuit Court. H. C. Faulkner, Circuit Judge.

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CASE 62. — PROCEEDING BY THE COMMONWEALTH AGAINST THE KENTUCKY UNION COMPANY TO FORFEIT LAND OWNED BY DEFENDANT FOR NON-POYMENT OF TAXES. — Appeal from Leslie Circuit Court. H. C. Faulkner, Circuit Judge. From a judgment forfeiting the land and authorizing its sale by the Commonwealth defendant appeals— POINTS AND AUTHORITIES. 1. The forfeiture act of 1906 is an utter and abject failure as a revenue raiser, or title quieter. 2. If valid, it virtually repeals the champerty statute and will create speculation anew' in worthless titles, and a plague of litigation in Eastern Kentucky. 3.…

1Opinion of the Court

*615Opinion op the Court by

Judge Lassing

Affirming in Part, Reversing in Part.

This appeal presents for consideration questions as to the constitutionality of article 3 of the revenue and taxation act, approved March 15, 1906 (Acts 1906, p. 115, c. 22), and of practice and procedure thereunder. On the 20th day of April, 1907, the Commonwealth of Kentucky, by Ira Fields, Commonwealth’s attorney, in and for the Thirty-Third judicial district of Kentucky, which includes Leslie county, filed its petition in the Leslie circuit court against appellant, alleging, among other things, that on the 12th day…

2Cases cited9 opinions

  1. Terry v. AndersonSupreme Court of the United States · 1877
  2. Mulvey v. City of BostonMassachusetts Supreme Judicial Court · 1908
  3. Eastern Ky. Coal Lands Corp. v. CommonwealthCourt of Appeals of Kentucky · 1907
  4. Commonwealth v. Rosenfield Bros.Court of Appeals of Kentucky · 1904
  5. Morrell Ref'g'r Car Co. v. CommonwealthCourt of Appeals of Kentucky · 1908

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3Cited by16 opinions

  1. Flinn v. BlakemanCourt of Appeals of Kentucky (pre-1976) · 1934
  2. Beale v. StroudCourt of Appeals of Kentucky · 1921
  3. Davidson v. LewisCourt of Appeals of Kentucky · 1914
  4. Golden v. BlakemanCourt of Appeals of Kentucky (pre-1976) · 1928
  5. In re City of SeattleWashington Supreme Court · 1921

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