Carpenter v. Sawyer
Supreme Court of Vermont
Trespass quare clausum fregit. Plea not guilty, and trial by jury- The plaintiff claimed title to the premises in question, under a vendue deed to him from Luther Kidder, collector, dated June 6th, 1834, and, in support of said deed, offered in evidence an act of the legislature, passed October 31st, 1831, granting a road tax, of which tax said Kidder was collector, and an act passed November 3d, 1831, annexing part of Belvidere to Eden; also,said Kidder’s sales-book, with…
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Trespass quare clausum fregit. Plea not guilty, and trial by jury- The plaintiff claimed title to the premises in question, under a vendue deed to him from Luther Kidder, collector, dated June 6th, 1834, and, in support of said deed, offered in evidence an act of the legislature, passed October 31st, 1831, granting a road tax, of which tax said Kidder was collector, and an act passed November 3d, 1831, annexing part of Belvidere to Eden; also,said Kidder’s sales-book, with the entries and certificate therein, and the record of the proceedings relating to said tax and vendue, as made in the…
1Opinion of the Court
the opinion of the court was delivered by
Bennett, J.
The plaintiff claims title under what is called Kidder’s vendue. At the last term of this court, in this county, *123in the case of Isaacs v. Chandler and others * in which was involved the validity of this same vendue, it was held, that parol evidence,, of the character of that which was admitted in the county court, was admissible to invalidate the title claimed under the collector’s sale. This, of course, settles the general question; but it is now insisted that this testimony cannot eome from the town clerk himself, as it would tend to…
2Cases cited4 opinions
- Sumner v. ShermanSupreme Court of Vermont · 1841
- Culver v. HaydenSupreme Court of Vermont · 1828
- Myers v. BrownellSupreme Court of Vermont · 1827
- Mead v. MalletSupreme Court of Vermont · 1814
3Cited by7 opinions
- Chandler v. SpearSupreme Court of Vermont · 1850
- Wing v. HallSupreme Court of Vermont · 1874
- Bartlett v. BoydSupreme Court of Vermont · 1861
- Brush v. WatsonSupreme Court of Vermont · 1908
- Biscoe v. CoulterSupreme Court of Arkansas · 1857
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