Chandler v. Moulton
Supreme Court of Vermont
Ejectment for a lot of land in Newark. Plea, the general issue, and trial by jury at the December Term, 1859, — Poland, J., presiding.
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Ejectment for a lot of land in Newark. Plea, the general issue, and trial by jury at the December Term, 1859, — Poland, J., presiding. The plaintiff read in evidence a deed of the lot in question, dated April 14th, 1846, from James L. Porter to himself; and proved that one Melcher was in possession of the lot under a bond for a deed from the plaintiff from 1846 to 1854, when he surrendered it to the plaintiff; that the plaintiff in 1854 sold the lot to one Silsbee and gave him a bond for a deed and took his notes ; that Silsbee continued in possession till 1858, when the contract between him…
1Opinion of the CourtBarrett, J.
We are inclined to think the county court decided the case as upon a demurrer to the evidence. The propriety of this is not seriously questioned in the argument. The plaintiff claims upon two grounds only that the ruling of the county court ought to be sustained: — 1st, that the constable, Moulton, was virtually the purchaser of the property at his own official sale, and said sale was therefore invalid. 2d, that said sale being entire, in satisfaction of all the several taxes in the aggregate, it is invalid on account of the failure to show that the district school tax was legally voted and…
2Cases cited2 opinions
- Mills v. GoodsellSupreme Court of Connecticut · 1825
- Woodbury v. ParkerSupreme Court of Vermont · 1847
3Cited by7 opinions
- Newcomb v. BrooksWest Virginia Supreme Court · 1879
- Crahan v. Town of ChittendenSupreme Court of Vermont · 1909
- Singer v. GoldenburgMissouri Court of Appeals · 1885
- Schenck v. PeayU.S. Circuit Court for the District of Eastern Arkansas · 1869
- Bogie v. Town of BarnetSupreme Court of Vermont · 1970
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