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Louisville Property Co. v. Commonwealth

143 S.W. 412, 146 Ky. 827, 1912 Ky. LEXIS 165
CourtCourt of Appeals of Kentucky
DecidedFebruary 8, 1912
StatusPublished
Cited by9 cases

This text of 143 S.W. 412 (Louisville Property Co. v. Commonwealth) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Louisville Property Co. v. Commonwealth, 143 S.W. 412, 146 Ky. 827, 1912 Ky. LEXIS 165 (Ky. Ct. App. 1912).

Opinions

[828]*828Opinion of the Court by

Judge Lassing

Affirming on cross appeal and reversing on original appeal.

In this snit the Commonwealth sought the escheatal of certain property owned by the Louisville & Nashville R. R. Co., on the ground that it had not been needed or used in the conduct of its business during the five years next preceding the date upon which the suit was instituted. The company denied that it was subject to es-cheat. Upon this issue the case was tried, with the result that the court held part of the property subject to escheat and certain other portions thereof not so subject. Both parties are dissatisfied with the judgment. The railroad company prosecutes this appeal, and the Commonwealth a cross-appeal.

The property in question consists of seven tracts of land, lying along the railroad right-of-way at Guthrie, Kentucky. All of this property was sold at master commissioner’s sale on June 25th, 1902, and the railroad company became the purchaser thereof. For reasons of its own, but which are not material to the determination of the issues here, it caused the title thereto to be placed in the Louisville Property Company; but it is made clearly to appear, that while the title was held by the Louisville Property Company, it was in fact paid for and owned by the Louisville & Nashville Railroad Co,

The Central Trust Co. of New York had a mortgage upon this property and it was made a party. It set up and asserted a lien upon the property to secure and satisfy its mortgage debt.

Prom the conclusion which we have reached it is necessary to consider but one question upon this appeal, to-wit, whether or not, in purchasing and holding this property for more than five years, under the circumstances developed by the evidence in this case, the railroad company has violated section 192 of the Constitution and section 567 of the Kentucky' Statutes, enacted for the purpose of carrying into effect this constitutional provision.

At Guthrie, the Memphis branch of the Louisville & Nashville Railroad crosses the Henderson branch, at approximately right angles, and the location of these several tracts of land in controversy is shown by the accompanying map. Tracts one and two adjoin, and are, in fact, one body or tract of land, lying at the northwestern intersection of these two roads. Tract three occupies the’ southwestern, intersection, tract four, the

[829]*829

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Cite This Page — Counsel Stack

Bluebook (online)
143 S.W. 412, 146 Ky. 827, 1912 Ky. LEXIS 165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/louisville-property-co-v-commonwealth-kyctapp-1912.