Ives v. Lynn
Supreme Court of Connecticut
This was an action of trespass quare clausum fregit; tried at Middletown, February term, 1829, before Hosmer, Ch. J. The locus in quo was a tract of land in Durham, containing about twenty acres. The question of title was the only one in controversy.
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This was an action of trespass quare clausum fregit; tried at Middletown, February term, 1829, before Hosmer, Ch. J. The locus in quo was a tract of land in Durham, containing about twenty acres. The question of title was the only one in controversy. The defendant claimed title, by a deed from Joseph Chidsey, a constable of Durham, and collector of the state tax for the year 1821. To establish the validity of this deed, the defendant adduced in evidence, 1. a warrant from the treasurer of the state, directed to Chidsey, for the collection of a tax of one cent on the dollar, granted by the…
1Opinion of the Court
Hosmer, Ch. J.
The plaintiff brought an action of trespass quare clausum fregit against the defendant, and at the trial, made aprima facie case. The defence is title, by a deed from a collector of state taxes, on sale of the property in question ; and the validity of such defence will appear, by attention, to the-objections made to it, on the part of the plaintiff.
1. It was first objected, that personal notice or other reasonable and sufficient warning to the plaintiff to pay the tax, was not given ; nor was demand made of him for payment.
By the 19th section of the act providing for the…
2Cited by6 opinions
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