Spear v. Ditty
Supreme Court of Vermont
This was an ejectment for land in- Roxbu-ry. On trial, the plaintiff showed title to the land in his intestate, his own letters of administration, and eviction by the defendant.
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This was an ejectment for land in- Roxbu-ry. On trial, the plaintiff showed title to the land in his intestate, his own letters of administration, and eviction by the defendant. The defendant claimed title by virtue of a vendue deed from E. Spaulding, as collector of a land.tax, assessed on that town, by an act of Oct. 1831. From the record of the proceedings of said collector, under said act, it appeared that his advertisements, as inserted-in the newspapers, were not signed by him, as “ Collector,” but with his name only. For this and several other causes, objection was made by the…
1Opinion of the Court
The opinion of the court was delivered by
Collamer, J.
It has long and repeatedly been holden, both by the Supreme Court of this and the United States, that sales for land taxes are proceedings in invitum. It is a mode of transferring title by operation of law, without the agency of the owner, and is also in the nature of a forfeiture, and, therefore, the proceedings are, as conditions precedent, to be strictly, perhaps literally, followed.
The statute requires that the committee, appointed by the particular act, assessing-the tax, should advertise and give notice, in a certain manner, to the…
2Cited by12 opinions
- In re Organization & of the Bonds of the Central Irrigation DistrictCalifornia Supreme Court · 1897
- Chandler v. SpearSupreme Court of Vermont · 1850
- Lockwood v. . GehlertNew York Court of Appeals · 1891
- Detroit, Eel River, & Illinois Railroad v. BearssIndiana Supreme Court · 1872
- Wing v. HallSupreme Court of Vermont · 1874
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