Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1884-05-09


State of Tennessee VS.. W. &. Butler.
This cause was this day heard on the
petition of Fl. Amy & Co. and others, filed
on the 55th of April. 1884, and The agree
ment of the parties now filed and the rec
ord and proceedings in their suit, in con-
sideration thereof, the Court orders, ad-
Judges and DEGREES as follows;
First-That the prayer of the petitioner
that the Bank of Commerce be required to
pay into court the sum OF S272S be over
ruled and refused, and that the petition
ers and the other creditors have no right
to the said fund.
T. Second-That the funds now in the
hands OF Laurence Lamb as receiver and
back-tax collector, being the proportions
of the funds arising from the sundry man
damus taxes for the years 1875, 1876, 1877
and 1873, to which the creditors who have
funded their Indebtedness under chapter
170 of the acts of the year 1888, would have
been entitled had they not so funded, do
not belong 70 the petitioners or the cred
itors of the city of Memphis, but do belong
to the Taxing District of Shelby county,
to be devoted as prescribed in the said act,
and that the petitioners are entitled to no
relief in respect thereto.
Third-That the bonds issued by the
Taxing District of Shelby county in pur.
General Assembly of the year 1888, are
not receivable for the taxes set apart by
| chapter 90 of the acts of the year 1879,
being collected by the said Laurence Lamb
cs such receiver and back-taX collector,
and the said Lamb as such receiver and
| back-tax collector, is hereby instructed
| and directed not to receive the same for
the said taxes or any part thereof.
Fourth-That the said petitioners and
the other creditors of the city of Memphis
are not entitled to have the taxes being
\ collected by the said Laurence Lamb as
receiver and back-tax collector, collected
| as presented in section 5, chapter 92, OF
| the acts of the year 1879, but the same
! may by collected and received under the
| provisions of chapter 3, page 5, of the acts
/ of the third extraordinary session OF the
| Forty-third General Assembly, approved
on the 10Th of May, 1882, and also on the
| Flippin compromise bonds, stamped under
| section 3, of chapter 170, of the acts of the
General Assembly of the year 1888. at the
rates prescribed in said act of May 10,
| 1888, and in chapter 123 of the acts of the
year 1888.
Fifth-That in the present state OF the
case the petitioners are not entitled to the
relief prayed in their petition in respect
/ to the S7S, ,200 of Taxing District bonds,
| which have been received by Minor Mer,
| riwether and Laurence Lamb respectively
! as receivers and back tax collectors in pay.
ment of taxes which were to have been
| collected by them. or any relief, and as to
| the same the said petition is hereby dis
missed. The cost Of the petition and the
, proceedings thereon viii be paid by the
receiver and back tax collector out Of the
| funds in his hands, and thereupon the
petitioners, II. Amy & Co. and others,
pray an appeal from the decree aforesaid
and every part thereof to the present term
of the Supreme Court, now sitting at
Jackson, and they now tender an appeal
| ditioned according to law. Such bond and
/ surety are hereby approved and such ap-
peal is granted.