Homer v. Cilley
Superior Court of New Hampshire
Assumpsit, for money paid, laid out and expended to recover of the defendant a portion of the State tax on Dame’s Gore, an unincorporated place in this county, for the years 1835, 6, 7, and 8. The plaintiff offered a deed of the Gore from Theophilus Dame and wife to the plaintiff, dated November 5, 1787, acknowledged the same day, and recorded September 20, 1788, and proved that he had claimed title under the deed, and had sold out portions of the Gore to various…
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Assumpsit, for money paid, laid out and expended to recover of the defendant a portion of the State tax on Dame’s Gore, an unincorporated place in this county, for the years 1835, 6, 7, and 8. The plaintiff offered a deed of the Gore from Theophilus Dame and wife to the plaintiff, dated November 5, 1787, acknowledged the same day, and recorded September 20, 1788, and proved that he had claimed title under the deed, and had sold out portions of the Gore to various individuals. One witness stated that he had acted as the agent of the plaintiff as long as thirteen years ago, and had exercised…
1Opinion of the CourtParker, C. J.
The plaintiff founds his right of action against the defendant upon an alleged title in himself to a part of the land in Dame’s Gore ;—upon a title in the defendant to another portion of laud in the same tract;—upon the assessment of certain taxes in several years upon the Gore;—upon his payment of those taxes in two instances before any sale of the land, and upon his redemption of the land in two instances after sale. He alleges that the defendant is also an owner of land in the Gore, and liable by law to contribution, to obtain which he brings this suit.
The plaintiff cannot retain his…
2Cases cited2 opinions
- Pollard v. MelvinSuperior Court of New Hampshire · 1840
- Waldron v. TuttleSuperior Court of New Hampshire · 1828
3Cited by2 opinions
- Cahoon v. CoeSupreme Court of New Hampshire · 1876
- Forsaith v. ClarkSuperior Court of New Hampshire · 1850