Sherrill v. Thomason

145 Tenn. 499
CourtTennessee Supreme Court
DecidedDecember 15, 1921
StatusPublished
Cited by11 cases

This text of 145 Tenn. 499 (Sherrill v. Thomason) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sherrill v. Thomason, 145 Tenn. 499 (Tenn. 1921).

Opinion

Mr. Justice Hall

delivered the opinion of the Court.

The hill in this cause challenges the constitutionality of chapter 115 of the Public Acts of 1921, known as the Delinquent Tax Law. The title of this act reads as follows:

“An act to amend an act entitled ‘An act to provide more just and equitable laws for the assessment and collection of revenue for State, county and municipal purposes, [502]*502and to repeal all laws in conflict with the provisions of this act whereby revenue is collected from the assessment of real estate, personal property, privileges and polls, the same being chapter 602 of the Acts of 1907/ and to repeal an act entitled ‘An act to amend an act entitled An act to provide more just and equitable laws for the assessment and collection of revenue for State, county and municipal purposes, and to repeal all laws in conflict with the provisions of this act whereby revenue is collected from the assessment of real estate, personal property, privileges and polls, the same being chapter 602 of the Acts of 1907 of the General Assembly of Tennessee/ the same being chapter 586 of the Acts of 1909 of the General Assembly of Tennessee, and to repeal an act entitled ‘A bill to be entitled an act to provide a more effective method for the collection of delinquent taxes/ the same being chapter 37 of the Acts of 1911 of the General Assembly of Tennessee.”

Section 1 reads: “That chapter 602 of the Acts of 1907 of the General Assembly of Tennessee, known as the General Assessment Act, be, and the same is hereby amended as follows, to-wit: That after the first day of May, each year, the county trustee shall advertise that a list of all real estate upon which taxes remain d.ue and unpaid will be turned over to the Comptroller of the Treasury, and that additional penalties will accrue if said taxes are not paid on or before the first day in June next. Said additional penalties shall be five per cent, of the gross amount of taxes, interest and penalties due on date of payment which per cent, shall be a charge and lien against the delinquent real estate after the first day of June, and which shall be collected by the trustee from said delinquent and pro[503]*503rated between the State and county as a part of the public revenue, except as otherwise provided in section 2 of this act. Said advertisement shall be substantially in the following form:

“Delinquent taxpayers take notice: On the first Monday in June next, I will turn over to the Comptroller of the Treasury a list of all delinquent real estate taxes as shown by the records in my office, and on said day, under the law, an additional penalty of five per cent, will accrue on the gross amount of taxes, interest and penalties now provided by law. The following is a list of such delinquents, the district in which the property is situated, and the number of acres in each tract as follows: (Here insert list of delinquents.) Such notice shall be inserted once a week for three consecutive weeks in some newspaper published in the county, and if none be published, then by posting said notice at the courthouse door for three weeks previous to such delivery of lists the fee therefor to be paid by the county.”

Section 2 provides: “That on the first Monday in June the trustee of the respective counties shall file in the office of the comptroller of the State a certified list of all the delinquent real estate taxpayers showing the amount due, including interest and penalty, from whom due and a description of the property and upon the filing of said list in the office of the comptroller it shall be his duty, through the revenue agents to within six months from the filing of said lists in said office to give notice to the delinquent' taxpayers that if said taxes are not paid by the first Monday of the following January that bills will be filed to enforce the lien for taxes assessed against said property, and that an additional penalty of ten per cent, will accrue [504]*504upon the filing of said bill. During the six months from June until January the revenue agents shall notify the delinquent and use every effort to collect said taxes, interest and penalties.

“Said notice and advertisement shall be substantially ¡as follows:
“ ‘Delinquent taxpayers will take notice:
“ ‘Unless the delinquent real estate taxes are paid on or before January 1st, next, a bill will be filed for the purpose of enforcing the lien for taxes against said property, and an additional penalty of ten per cent, will accrue and be charged against the delinquent taxpayers. Said taxes, interest and penalties should be paid to the trustee of the county.
“ ‘State Revenue Agent.’
“When said taxes, interest and penalties are paid to said trustee it shall be his duty to enter the same on the books in his office and to notify the comptroller, whose duty it shall be to mark the same paid on the certified lists in his office.
“All taxes levied on real estate shall remain a lien on the property assessed until the same are paid in full. In the event said taxes, interest and penalties .are not paid on or before the first Monday in the following January, it shall be the duty of the comptroller’, through the revenue agent, to file bills in the chancery court for the purpose of enforcing the lien for taxes. Said bill shall be filed in the name of the State for itself and for the use of the county, municipality, or taxing district wherein the property is situated, and shall be to recover all delinquent taxes and penalties due thereon, whether the same be State, county or municipal and said bills shall be in substance and in [505]*505form the same as other bills filed in the chancer^ court, and shall show by proper averments and exhibits the name of the party or parties to whom the property was assessed for the year or years for which the taxes claimed are delinquent and shall show the respective interest of the parties. State, the county and the municipality in said taxes, together with all such costs, fees, penalties and interest as have already accrued thereon.
“Said bill shall be filed by the revenue agent, or his attorney, which shall be deemed proper and sufficient authority for the filing of same in said courts, and no bond shall be required on the filing of the same.
“Said suit shall be conducted in accordance with the practice in courts of chancery in this State, except that no copy of the bill shall be issued by the clerk except to a defendant demanding such copy and paying therefor; and in such suit there may be included as many as twenty-five distinct pieces or tracts of land, the owners thereof being made defendants to the bill, and such suit shall not be subject to objection for misjoinder by reason of the distinct interest which the several defendants have in the property proceeded against, and the court is authorized and empowered, if such relief is warranted by the law and the facts, to enforce the lien for taxes by sale of the property upon a credit of not less than six months and in bar of the equity of redemption; and the purchaser at such sale after complying therewith and paying all the purchase money shall be entitled to a decree vesting the title in him absolutely against the owner and against all liens for taxes of any nature whatever, which could have been presented in the cause.

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Bluebook (online)
145 Tenn. 499, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sherrill-v-thomason-tenn-1921.