182 Ky. 544 | Ky. Ct. App. | 1918
Opinion op the Court by
Affirming.
The question on this appeal is whether the title to common school property, situated in a county district, but subsequently embraced in territory annexed to a city of the first class, remains in the county board of education or passes to the city board of education.
The controversy arises in the following way: Louisville is a city of the first class. On October 7, 1912, it adopted an ordinance and took the necessary steps to extend its limits so as, to include the school property in question. The county board of education was permitted to continue the school until June, 1913, when the city hoard of education assumed control and thereafter conducted it as part of its system. On May 18, 1916, the county board of education brought this suit in ejectment against the board of education of Louisville to recover the property. The latter answered in two paragraphs. In the first paragraph it denied plaintiff’s title, and in the second paragraph pleaded title in itself by virtue of the annexation ordinance and the proceedings had pursuant thereto.- Plaintiff’s demurrer to the second pair-graph of the answer was overruled. Plaintiff having declined to plead further, the petition was dismissed, •Plaintiff appeals.
It is insisted for plaintiff that thé mere annexation of the territory embracing the school property did not have the effect of divesting the county board of education of title, in the absence of a statute so declaring. It
Judgment affirmed.