Wildharber v. Lunkenheimer
Court of Appeals of Kentucky
CASE 35. — ACTION BY JACOB LUNKENHEIMER AND OTHERS AGAINST F. WILDHARBER AND OTHERS, TO RECOVER LAND. — Appeal from Henderson Circuit Court. J. W. .Heksen, Circuit Judge. Judgment for plaintiffs. Defendants appeal. — POINTS AND AUTHORITIES. A deed made by a sheriff under a tax sale is prima facie evidence of the correctness of all preliminary steps taken priqr to the sale, and places the burden upon the taxpayer to show the contrary. CITATIONS.
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CASE 35. — ACTION BY JACOB LUNKENHEIMER AND OTHERS AGAINST F. WILDHARBER AND OTHERS, TO RECOVER LAND. — Appeal from Henderson Circuit Court. J. W. .Heksen, Circuit Judge. Judgment for plaintiffs. Defendants appeal. — POINTS AND AUTHORITIES. A deed made by a sheriff under a tax sale is prima facie evidence of the correctness of all preliminary steps taken priqr to the sale, and places the burden upon the taxpayer to show the contrary. CITATIONS. Husbands v. Polivick, 96 S. W. 825; Hughes v. Owens, 92 S. W. 595; Alexander v. Aud, 88 S. W., 1103; Metcalfe v. Comlth., &c., 66 S. W. 1100, 113 Ky.,…
1Opinion of the Court
Opinion op the Court by
Judge Hobson
Reversing.
Frederick Lunkenheimer and August Brauns owned a tract of land in Henderson county. It was assessed for taxation in the years 1876, 1877, 1878, 1879, 1880, and, they failing to pay the taxes, the sheriff,on March 28,1881, sold the land for the taxes. Thomas E. Ward became the purchaser; and, the land not having been redeemed, on May 14, 1883, the sheriff executed to Ward a d’eed for it. Ward, by judicial proceedings, thereupon obtained possession of the land; and subsequently conveyed it to Henry Lockett and John P. Handley, who rented' it to F.…
2Cases cited3 opinions
- Alexander v. AudCourt of Appeals of Kentucky · 1905
- Maguiar v. HenryCourt of Appeals of Kentucky · 1886
- Hearn v. LanderCourt of Appeals of Kentucky · 1876
3Cited by8 opinions
- Kypadel Coal & Lumber Co. v. MillardCourt of Appeals of Kentucky · 1915
- Commonwealth v. VanmeterCourt of Appeals of Kentucky · 1920
- Taylor v. ArndellCourt of Appeals of Kentucky · 1921
- Kentucky Lands Investment Co. v. SimmonsCourt of Appeals of Kentucky · 1912
- Brown v. Harvey Coal Corp.District Court, E.D. Kentucky · 1931
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