Chandler v. Spear
Supreme Court of Vermont
Trespass de bonis asportatis for a quantity of pine logs. Plea, the general issue, and trial by the jury, May Term, 1847, — Redfield, J., presiding. On trial the plaintiff gave in evidence the charter of the town of Norton in the county of Essex, showing that the township was originally divided into sixty five rights, or shares.
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Trespass de bonis asportatis for a quantity of pine logs. Plea, the general issue, and trial by the jury, May Term, 1847, — Redfield, J., presiding. On trial the plaintiff gave in evidence the charter of the town of Norton in the county of Essex, showing that the township was originally divided into sixty five rights, or shares. The plaintiff then gave in evidence various deeds, purporting to convey to Timothy Phelps the undivided rights, or shares, of twenty eight of the original proprietors in the township; all of which were objected to, but admitted by the court. The plaintiff then gave in…
1Opinion of the Court
The opinion of the court was delivered by
Hall, J.
The plaintiff’s property in the logs depends upon his title to the land. His claim of title under the tax sale will be first considered.
The following principles, or rules, for testing the validity of tax titles, appear to be fairly deducible from the reported cases on that subject.
1. When the statute, under which the sale is made, directs a thing to be done, or prescribes the form, time and manner of doing any thing, such thing must be done, and in the form, time and manner prescribed, or the title is invalid; and in this respect the statute…
2Cases cited18 opinions
- Jackson ex dem. Gilliland v. WoodruffNew York Supreme Court · 1823
- Jackson ex dem. Gee v. OltzNew York Supreme Court · 1832
- University of Vermont v. of ReynoldsSupreme Court of Vermont · 1831
- Jackson ex dem. Ten Eyck v. RichardsNew York Supreme Court · 1827
- Paris v. VailSupreme Court of Vermont · 1846
13 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Anderson v. AchesonSupreme Court of Iowa · 1907
- McKinstry v. CollinsSupreme Court of Vermont · 1904
- Moore v. DukeSupreme Court of Vermont · 1911
- Wilcoxon v. OsbornSupreme Court of Missouri · 1883
- Murphy v. DoyleSupreme Court of Minnesota · 1887
41 more not listed; retrieve them via the Exa API.