281 S.W. 1017 | Ky. Ct. App. | 1926
Affirming.
By this appeal appellant attacks section 4019a-9, Kentucky Statutes, as being in violation of the Fourteenth Amendment of the Constitution of the United States, and of section 3 of the Bill of Rights, and sections 170 and 171 of the Constitution of Kentucky. The statute in question provides that for the privilege of recording mortgages when the indebtedness so secured does not mature within five years, a tax of 20 cents upon each $100.00 or fractional part thereof of such indebtedness shall be paid, exempting from its operation mortgages to building and loan associations. The case of Middendorf, Clerk, etc. v. Goodale, et al., Trustee,
The trial court sustained a demurrer to the petition of appellant which sought to compel the auditor to issue his warrant in its favor for $35,610.00, that being the amount of the privilege tax paid by it under protest when it had a deed of trust recorded, which it sought to recover herein upon the ground that the statute, supra, is unconstitutional and void. Entertaining the same views with respect to the validity and constitutionality of the mortgage recording tax statute that were set forth in the Middendorf case, supra, we conclude that the trial court properly sustained the demurrer. The judgment herein, therefore, will be affirmed.
Judgment affirmed.