Landon v. Town of Litchfield
Supreme Court of Connecticut
This was an action of assumpsit for money had and received, by the defendants, for the plaintiff’s use; for money paid, laid out and expended, by the plaintiff, for the use of the defendants; and for money due from the defendants to the plaintiff, and unpaid. The object of the suit was to recover back a sum of money, which had been collected, by the defendants from the plaintiff, by virtue of a tax warrant against him.
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This was an action of assumpsit for money had and received, by the defendants, for the plaintiff’s use; for money paid, laid out and expended, by the plaintiff, for the use of the defendants; and for money due from the defendants to the plaintiff, and unpaid. The object of the suit was to recover back a sum of money, which had been collected, by the defendants from the plaintiff, by virtue of a tax warrant against him. The cause was tried at Litchfield, August term, 1835, before Waite, J. The only question was, whether certain real estate in the town of Litchfield, in the plaintiff’s…
1Opinion of the CourtBrssell., J.
In this case, the plaintiff claims to recover, on the ground that the taxes assessed upon, and paid by him, were illegally imposed; and two questions are presented for our consideration.
1. Were the lands in question ever exempt from taxation ? And if so,
2. Has that exemption been destroyed, or does it cease to exist ?
1. Were these lands exempt from taxation within the act of 1702 ? Or, in other words, were they given or granted “ for the maintenance of the ministry of the gospel,” within the spirit and meaning of that act ?
The answer to this enquiry depends upon a sound construction of the…
2Cases cited5 opinions
- Fletcher v. PeckSupreme Court of the United States · 1810
- TERRETT & OTHERS v. Taylor & OthersSupreme Court of the United States · 1815
- New Jersey v. WilsonSupreme Court of the United States · 1812
- Atwater v. Town of WoodbridgeSupreme Court of Connecticut · 1826
- Parker v. RedfieldSupreme Court of Connecticut · 1835
3Cited by12 opinions
- Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- Szarwak v. WardenSupreme Court of Connecticut · 1974
- Brainard v. Town of ColchesterSupreme Court of Connecticut · 1863
- Lord v. Town of LitchfieldSupreme Court of Connecticut · 1869
- Assessors of Boston v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1947
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