Wells v. Austin
Supreme Court of Vermont
Trespass guare clausum. Heard on a referee’s report, September Term, 1884, Essex County, Ross, J., presiding. Judgment for the defendant. The case appears in the opinion. The legislature had power to assess the tax without any notice. Oorliss v. Oorliss, 8 Yt. 373 ; Orosby v. School Dist. 35 Yt. 623. The sale was valid. The tax sale was not valid.
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Trespass guare clausum. Heard on a referee’s report, September Term, 1884, Essex County, Ross, J., presiding. Judgment for the defendant. The case appears in the opinion. The legislature had power to assess the tax without any notice. Oorliss v. Oorliss, 8 Yt. 373 ; Orosby v. School Dist. 35 Yt. 623. The sale was valid. The tax sale was not valid. The notice of intention to apply to the legislature for an assessment of a tax upon the nonresident land owners Avas not properly published. Slade’s Comp. 1824, p. 682, s. 2. The Lav required a new notice in the newspapers after the extension was…
1Opinion of the Court
The opinion of the court was delivered by
Powers, J.
This is an. action of trespass guare clausum to recover damages for cutting timber on lot 5, 4th range in Granby.
The plaintiff claims title through sundry mesne conveyances, under a tax sale of the premises in question made in 1840 by Timothy Fairchild, collector of a land tax. The defendant interposes sundry objections to said tax sale.
I. The legislature, November 1, 1837, assessed a tax of four cents an acre on the lands in Granby, and appointed Silas Buck, Ashley Appleton, and Nathaniel Bell, a committee to superintend its expenditure, and…
2Cases cited6 opinions
- Miller v. . Long Island Railroad Co.New York Court of Appeals · 1877
- Smith v. HelmerNew York Supreme Court · 1849
- Bowen v. GuildMassachusetts Supreme Judicial Court · 1881
- First National Bank v. Town of Mount TaborSupreme Court of Vermont · 1879
- Earl v. StevensSupreme Court of Vermont · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Royce v. CarpenterSupreme Court of Vermont · 1907
- Pond v. Pond's EstateSupreme Court of Vermont · 1906
- Drouin v. Boston & Maine R. R.Supreme Court of Vermont · 1902
- Timney v. WordenSupreme Court of Vermont · 1980
- In Re Appeal of ReynoldsSupreme Court of Vermont · 2000
6 more not listed; retrieve them via the Exa API.