The American Law Record Volume 11

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1883 edition. Excerpt: ...to find any one who was willing to qualify as such collector. The bondholders thereupon filed their bill in equ-ty, in said Court against said county and the tax-payers against whom said taxes had been assessed, setting out the above facts, and prayed said Court to appoint a receiver to collect said taxes. Held: 1. The jurisdiction of the Federal Court in such cases is confined to compelling the State officers to perfo1m their duty under the State laws, and the Court can not appoint other officers or persons to perform said duties. 2. The collection of a tax, like its assessment and levy, is the province of the State, and must be done in the manner prescribed by the State; and the Federal Court can not substitute any other mode. 3. Taxes, though assessed and levied, are not the "property" or "assets "of the county, nor "held in trust" by or for the county, in any sense which wonld authorize them to be attached or subjected to the credito1s of the county. Mr. Justice Stanley Matthews rendered the opinion of the Court. Baxter, C. J., dissented.--Thompson vs. Allen County. United States Circuit Court, District of Kentucky, July 24, 1882. Mortgage.--Defectively Executed--When Equity Will Reforn--Agent's Knowledge.--A foreign banking association, whose charter imposes no restriction upon the character of its loans, whether upon real or personal security, may take and hold a mortgage upon lands in this State, and enforce the same in the Courts upon the same footing as other creditors. Equity will help a defectively executed mortgage given upon a valuable consideration, and reform and enforce the same as against the maker and subsequent assignees and lienholders having notice. So held ot a mortgage executed and...