Hutchins v. Moody
Supreme Court of Vermont
This was an action of covenant broken. ' The declaration alleged that the defendant, on the 12th of May, 1853, conveyed to the plaintiffs a certain piece of land in Waterbury, and in his deed covenanted that the premises were free from all incumbrances ; that Oramel Howe was the owner of the land on the 1st of April, 1853, at which time it was set to him in the grand list of that town; that certain school and state taxes were assessed against Howe, on the land in question,…
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This was an action of covenant broken. ' The declaration alleged that the defendant, on the 12th of May, 1853, conveyed to the plaintiffs a certain piece of land in Waterbury, and in his deed covenanted that the premises were free from all incumbrances ; that Oramel Howe was the owner of the land on the 1st of April, 1853, at which time it was set to him in the grand list of that town; that certain school and state taxes were assessed against Howe, on the land in question, in 1853, after the 1st of April; that Howe neglected and refused to pay these taxes, and that the constable of Waterbury…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
This is an action of covenant broken. The breach relied upon is the lien for taxes, created by putting the land into the grand list of the town, on the 1st day of April, 1853.
The date of the deed conveying the land and containing' the covenant was May 12, 1853. The taxes were all voted and assessed subsequent to the date of the deed. And it is not seriously claimed that the sale of the land was conducted in such a manner as to convey any title. And it does not very distinctly appear in the case that the personal property or body of…
2Cited by7 opinions
- Manor Real Estate Co. v. Jos. M. Zamoiski Co.Court of Appeals of Maryland · 1968
- Cummings v. HoltSupreme Court of Vermont · 1883
- Cotting v. CommonwealthMassachusetts Supreme Judicial Court · 1910
- Johnston v. RobertsonSupreme Court of Iowa · 1917
- Hutchins v. MoodySupreme Court of Vermont · 1861
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