Den Ex Dem. Saunders v. McLin
Supreme Court of North Carolina
This was an action of ejectment, tried at the Spring Term, 1841, of Craven Superior Court of Law, before his Honor Judge Bailey. It was brought to recover possession of a lot in the town of Newbern.
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This was an action of ejectment, tried at the Spring Term, 1841, of Craven Superior Court of Law, before his Honor Judge Bailey. It was brought to recover possession of a lot in the town of Newbern. Taxes on this lot had been duly assessed by the commissioners of the town of Newbern, and being due and unpaid, the sheriff proceeded to collect them by a distress on the lot, and after giving due and legal notice, sold the entire lot at public auction to the lessor of the plaintiff, and gave him a deed for the same, under which the plaintiff claimed title. The defendant was proved to be in…
1Opinion of the CourtRuffin, C. J.
One of the objections taken on the trial seems to the court to be fatal to the plaintiff’s title; and it will therefore be sufficient to explain the grounds of our opinion upon that point, without adverting to the others.
Before the act of 1792, 0. 2, lands were not liable to distress for public taxes, but they were collected by distress and sale of goods and chattels. Iredell’s Rev. 1782, c. 7, s.9. — ■ 1783, c. 10, s. 8. By the private act of 1779, c. 4, “ For the regulation of the Town ofNewbern,” which is sent upas part of the case, the town taxes were also to be collected by distress and…
2Cited by1 opinion
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