WHITE v. KELLEY


387 S.W.2d 821 (1965)

Mary Olympia WHITE et al. v. Ralph H. KELLEY, Mayor, et al. CITY OF CHATTANOOGA and Hamilton County, Tennessee, v. David M. PACK, Commissioner, etc., and James Willie Powell et ux.

Supreme Court of Tennessee.

March 4, 1965.


Attorney(s) appearing for the Case

H.H. Gearinger, of Moore, Gearinger & Swafford, Chattanooga, for Mary Olympia White et al.

Ellis K. Meacham, Chattanooga, for City of Chattanooga.

James F. Turner, Chattanooga, for Hamilton County.

Bruce C. Bishop, of Folts, Bishop, Thomas, Leitner & Mann, Chattanooga, for James Powell et ux.


BURNETT, Chief Justice.

Essentially the same question is involved in both of these lawsuits. The question is whether or not any authority exists under the laws of Tennessee to prorate or apportion taxes which had become a lien on January 10, where the property thereafter was taken for public use within the ensuing year.

In the Chancery lawsuit this question was answered in the negative. In other words there was no authority to prorate a portion of the taxes...

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