Legal Opinion

Sumner v. Sherman

Supreme Court of Vermont

Decided March 15, 1841PublishedCited by 9 opinions

Trespass, for breaking and entering plaintiff’s close, being lot No. 33, in Wenlock, in the county of Essex, laid to the right of Samuel Averill, one of the original proprietors.

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Trespass, for breaking and entering plaintiff’s close, being lot No. 33, in Wenlock, in the county of Essex, laid to the right of Samuel Averill, one of the original proprietors. Plea, not guilty, and trial by jury, On the trial in the county court, the plaintiff proposed to show a title in himself to the lot in question, under a deed from William Hughes, sheriff and collector, to James White-law, and intermediate conveyances from said Whitelaw to the plaintiff; and, for this purpose, gave in evidence an act of the legislature, passed at their session in 1807, granting a tax on the lands in…

1Opinion of the Court

The opinion of the court was delivered by

Williams, Ch. J.

The inquiry in this case is, whether the plaintiff acquired any title to the premises sued for, under the deed to James Whitelaw from David Hibbard as sheriff and collector of the tax of one cent on each acre of land in this state, granted in the year 1812. This is the only inquiry in this case, as the deed from William Hughes to Whitelaw, under another tax, was not in evidence, but rejected by the court.

The grounds upon which the court proceed, in deciding *612upon the validity of vendue sales, by collectors of taxes, have been too often…

2Cited by9 opinions

  1. Chandler v. SpearSupreme Court of Vermont · 1850
  2. Barton's Heirs v. GilchristWest Virginia Supreme Court · 1881
  3. Wing v. HallSupreme Court of Vermont · 1874
  4. Cummings v. HoltSupreme Court of Vermont · 1883
  5. Wells v. Jackson Iron Manufacturing Co.Supreme Court of New Hampshire · 1866

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