Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky, 1785-1951 (Volume 9; V. 91) (Paperback)

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1893. Not illustrated. Excerpt: ... Eifert v. Town of Central Covington, &c and without notice, which will hold as against the mere equities arising in favor of the other creditors by reason of the fraud of the debtor. But this court, in the cases of Chenault, Receiver, &c, v. Bush, 84 Ky., 528, and the Bank of Commerce v. Payne, Viley & Co., 86 Ky., 446, decided that an assignee for the equal benefit of creditors was not a purchaser for value; that the assignment did not preclude the assertion of antecedent equities that could have been asserted against the assignor; that as such assignment of itself did not divest the creditors of any rights, or cause them to relinquish any rights, they were not purchasers for value. According to these cases the appellant is entitled to assert its equity against the appellees, and its petition not having been controverted by answer, its allegations should be regarded as true. The judgment is reversed, and the cause is remanded with directions to proceed according to this opinion. Case 34--PETITION EQUITY--Febbtiary 3. Eifert v. Town of Central Covington, &c. APPEAL FEOM KENTON CHANCERY COURT. Liability Of Agricultural Lands To Municipal Taxation.--The mere fact that land included in the corporate limits of a town is used exclusively for gardening purposes is not sufficient to exempt it from taxation by the town for general purposes. If the owner is afforded substantially nil the advantages that the corporation affords to others, he should bear his part of the burden; and the fact that the owner Eifert v. Town of Central Covington, Ac voted for and assisted in making his land a part of the town is a circumstance to be considered in determining whether the land is liable to taxation for municipal purposes. W. A. BYRNE For Appellant. 1. As there is no testimony ten...