Show TO It PAY Y TAXES Supreme Court Affirms Judgment Concerning Con Con- Delinquency ncy The supreme court yesterday esterday re remanded rt re- a cas case to tho the trial court for fora rora a modification of or the tho jU judgment ment which had been for th the plain plaintiff The Tho case was that of oC N. N V. W. Clayton Claton n against James II n. Moyle and W. W N N. N B. B Shepherd Shep Shep- herd executors of or the tho will ivill of Henry Dinwoodey deceased Tile The original complaint showed that Dinwoodey on Jul July 20 O 1905 had sold certain re realty lt to Clayton for tor A few days das later Sun tho nT or II I Inn lion fixed the tax against the property p rt u at al 1078 14 which became del delinquent November No No- vember Hi 16 1905 died Oc October Oc- Oc tober r 1 1905 BIOS without having paid the taxes In January 1906 Clayton Claton paid tho tile taxes an and later sue sued the tho executors for Cor a return of the tile money claiming that it should hould have hav been paid by Din Din- woodey Clayton Claton ton his case In the trial court an and the cx executors ap ap- pealed The supreme court finds linds that the conclusion of the tile lower court to the effect that Clayton was entitled to tho the I mane monc money out of the tue estate was correct but that the lower court entered the tue Jud judgment ment against the executors as In In- In and not as executors of or tho the I estate state The judgment of or tho lower court with this modification Is af at- ir- ir firmed Justice wrote the opinion and I his as |