City of Louisville v. Kohnhorst's Adm'x

• Decision Date: 01 October 1903
• Parties: CITY OF LOUISVILLE v. KOHNHORST'S ADM'X et al.
• Court: Kentucky Court of Appeals

76 S.W. 43

CITY OF LOUISVILLE v. KOHNHORST'S ADM'X et al.

Court of Appeals of Kentucky.

October 1, 1903

Appeal from Circuit Court, Jefferson County, Chancery Division.

"Not to be officially reported."

Action by Malinda Kohnhorst's administratrix and others against the city of Louisville. From a judgment disallowing its claim for certain taxes, defendant appeals. Affirmed.

H. L Stone, for appellant.

O. A Wehle, for appellees.

NUNN J.

Henry Kohnhorst, who resided in the city of Louisville, departed this life in December, 1870. He left a will, which was duly probated, by which he devised his property to his wife Christina, for the joint use of herself and their children during the life of his wife, and at her death the property was to go to their children in equal proportions. Construing the will as a whole, it gave the wife an estate for life, and the children took the fee subject only to her use and control. It appears from the record that she defaulted in the payment of taxes to the city from and including the year 1891 to her death, which occurred May 27, 1901. On the 16th of March, 1896, the appellant filed an action against Christina Kohnhorst, the then owner of the present estate, for the unpaid taxes due for the years 1891, 1892, 1893, and 1894. On the 14th of January, 1899, and during the lifetime of Christina Kohnhorst, the appellant filed an amended petition against the children of Henry Kohnhorst, who were the owners of the fee in the property sought to be sold for taxes above mentioned. The children answered by pleading the five-years statute of limitations in such cases made and provided. On the 4th day of April, 1900, the appellant filed another action against Christina Kohnhorst for unpaid taxes attempting to enforce a lien upon the land devised by Henry Kohnhorst for the years 1895, 1896, 1897, and 1898. This suit only made the life tenant, Christina Kohnhorst, defendant. On November 30, 1901, the appellant filed an amended petition making the children of Henry Kohnhorst parties defendant, and sought to sell their interest in the land for the taxes. The children answered this by again pleading the five-years statute of limitations. On the 31st of July, 1901, the children, some of them being plaintiffs and some defendants instituted an action for the purpose of a division of the estate between them, and to satisfy mortgages and other liens which some of the children had placed on their interests. On the 8th of August the children filed an amendment to their petition making the city of Louisville a party defendant, in substance stating that they had been informed that the city claimed that it had a lien upon their property for unpaid taxes, and asked that it be required to set forth its claim, if it had any. The city answered, and presented its claim for taxes as set forth in its two previous petitions before referred to. The children again pleaded the five-years statute of limitation. The court, upon a trial of the cause,...