Spear v. Ditty
Supreme Court of Vermont
Ejectment for lot No. 3, in the 6th range and 2d division of lots in the town of Roxbury, drawn to the original right of Asa Taylor. — Plea, not guilty.
Read the full summary
Ejectment for lot No. 3, in the 6th range and 2d division of lots in the town of Roxbury, drawn to the original right of Asa Taylor. — Plea, not guilty. The defendant, in support of his defence, offered in evidence an act of the legislature, granting a tax of four cents per acre on the lands of the town of Roxbury, passed at their Oct. session in the year 1831, and insisted that the proceedings under said tax, in relation to the sale, were, in all respects legal and regular, and that the land in dispute, was sold for the payment of said tax, and that the defendant derived a legal title under…
1Opinion of the Court
The opinion of the court was delivered by
Phelps, J.
The defendant claims title to the demanded premises, by virtue of a collector’s deed, upon a sale of the land, at ven-due, for taxes. Several exceptions are taken to the proceedings of the collector, which, it is alleged, are not in conformity with the statute. The case involves a subject of of some .difficulty. Great nicety has prevailed in relation to these titles; and, in cases of doubt, the inverted maxim seems to have obtained, Ut res majis pareat quam valeat. They are said to be stricti juris — a proceeding in invitum, &tc. This is…
2Cited by5 opinions
- Cahoon v. CoeSupreme Court of New Hampshire · 1876
- Downer v. TarbellSupreme Court of Vermont · 1889
- Town of Williamstown v. Williamstown Co.Supreme Court of Vermont · 1929
- Cahoon v. CoeSupreme Court of New Hampshire · 1876
- Kane's Adm'r v. GarfieldSupreme Court of Vermont · 1887