Mayor of Nashville v. Lee
Mayor of Nashville v. Lee
Opinion of the Court
delivered the opinion of the court.
There is no error in the chancellor’s decree in this case and it will be affirmed.
The only question raised by the record is as to the application of the proceeds of the sale of a lot in the city of Nashville. Upon' this lot there were taxes due the city for each year since 1855, and to the State-
While it is true, as a general principle, the State as sovereign does assert a prior right of satisfaction of debts due to it over the citizen, yet counties and municipal corporations are governing agencies created by the State with powers to levy and collect taxes, and have the right' to exercise | fall the powers and privileges granted them or conceded by the State.
By the act of the Legislature of 1813, ch. 98, sec., 3, carried into the Code, secs 554-5, “assessed taxes and the cost of reporting land for sale for taxes, shall be and remain a lien] upon all lands and' other real-estate * * when they shall become due and payable according to law.” And by section 555, “this lien shall extend to each and every part of all tracts or lots of land, and| to ever}' species of taxable property, notwithstanding any division or alienation thereof,” etc. These sections confer and continue the lien of' assessed taxes without restriction or qualifications, and apply to all taxes authorized to be assessed by law, including municipal as well as any other species of taxes: 11 Hum., 130; 3 Lea, 679; 10 Lea, 211; 7 Heis., 133.
This act remained in force until the 9th of March, 1877, when it was repealed by the act of 1877, ch. 77, see. 11. The chancellor recognized this act and decreed the appropriation of the fund in accordance with its provisions, for the two years- it was in force. After its repeal he directed the fund to be appropriated according to the law as it existed before its passage, which was also correct.
There was some exceptions taken to the provisions of the decree in allowing interest, costs, etc., but they have not been seriously insisted upon, and as they are perhaps rendered unimportant, by the view we have taken of the case, it is unnecessary to notice them further than to say they were correct, and in accordance with the ruling of this court in the case of State v. Duncan, 3 Lea, 679.
The owners of .the land make no contest as to the validity of the taxes, or the sale and divestiture of title to the land. The State and county voluntarily become parties and contested their right to the fund
There is no error, therefore, in the decree of the chancellor, and it is affirmed with costs.
This also disposes of the question as to the distribution of the funds in this court in the case of Mayor and City Council, etc., against Cowan, and they will be distributed in accordance with the principles settled by the above opinion.
Reference
- Full Case Name
- The Mayor and City Council of Nashville v. Lucy A. Lee
- Cited By
- 2 cases
- Status
- Published