Legal Opinion

Inhabitants of Conway v. Inhabitants of Deerfield

Massachusetts Supreme Judicial Court

Decided September 15, 1814PublishedCited by 14 opinions

This was an action of assumpsit, to recover the amount of certain expenses incurred by the plaintiffs for the relief and support of Chester Smith and his family, who, as the plaintiffs allege, have their legal settlement in Deerfield.

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This was an action of assumpsit, to recover the amount of certain expenses incurred by the plaintiffs for the relief and support of Chester Smith and his family, who, as the plaintiffs allege, have their legal settlement in Deerfield. At the trial, which was had on the general issue, before Jackson, J., at the last April term in this county, it was admitted that the said Smith was twenty-one years of age in the year 1800, was a citizen of the United States, and was taxed in Deerfield for certain real estate, occupied and claimed by him for five years successively, viz., from 1800 to 1804…

1Opinion of the CourtParker, C. J.

Upon the facts in this case two questions arise: —

The first is, whether Chester Smith, the pauper, had his settlement in Deerfield in consequence of his residence in that town, being taxed there for five years successively, [ * 332 ] * and owning and occupying a freehold there, which yielded an income of more than ten dollars per annum.

The only ground upon which it is denied that, by these circumstances, he acquired a settlement, agreeably to the statute, is, that his title to the land which he occupied was not perfect; because Hawlces, his grantor, having before granted the premises to Faxon *303…

2Cases cited1 opinion

  1. Inhabitants of Groton v. Inhabitants of BoxboroughMassachusetts Supreme Judicial Court · 1809

3Cited by14 opinions

  1. Poplin v. HawkeSuperior Court of New Hampshire · 1835
  2. Barnstead v. StraffordSuperior Court of New Hampshire · 1835
  3. Gov. ex rel. Lyon v. EvansSupreme Court of Arkansas · 1839
  4. Howe v. WilderMassachusetts Supreme Judicial Court · 1858
  5. Town of Charlestown v. Town of AcworthSuperior Court of New Hampshire · 1817

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