Stetson v. Day
Supreme Judicial Court of Maine
Case in the nature of waste. On facts agreed, as stated in the opinion. 1. The estate is liable to forfeiture. E. S.,c. 95, §§1,2. 2. Neglect by the- tenant to pay the taxes is waste. Greenl. Cruise, Tit. 3-, c. 1, §§ 27, 28, 41; 4 Kent’s Com., 74; McMillan v. Robbins, 5 Ham., 28 ; Varney v. Stevens, 22 Maine, 331. . 3. The collector’s certificate and treasurer’s returns are prima facie evidence of the correctness of the proceedings in the sale.
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Case in the nature of waste. On facts agreed, as stated in the opinion. 1. The estate is liable to forfeiture. E. S.,c. 95, §§1,2. 2. Neglect by the- tenant to pay the taxes is waste. Greenl. Cruise, Tit. 3-, c. 1, §§ 27, 28, 41; 4 Kent’s Com., 74; McMillan v. Robbins, 5 Ham., 28 ; Varney v. Stevens, 22 Maine, 331. . 3. The collector’s certificate and treasurer’s returns are prima facie evidence of the correctness of the proceedings in the sale. E. S., c. 6, § 149. 1. The plaintiff cannot enforce a forfeiture of the tenant’s term in this form of action. K. S.,e. 95, § 2; 4 Kent’s Com., 79;…
1Opinion of the Court
The opinion of the Court was drawn up by
Cutting, J.
This is an action on the case in the nature of waste; wherein the plaintiff claims, not only damages, but a forfeiture of the life estate. In this form of action he may be entitled to the former, but not to the latter. This is not an action of waste, which is a real action; but case, wherein the plaintiff can only seek compensation in damages.
In former years jurists have disagreed as to whether the statute of Marlebridge, 52 Hen., 3, by which damages for the wuste done could only be recovered, was the common law of this country; or the…
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