Legal Opinion

Osborne v. Humphrey

Supreme Court of Connecticut

Decided June 15, 1829PublishedCited by 12 opinions

This was an action of trespass de bonis asportatis; which came on for trial at Hartford, February term, 1829; when a case comprising the following facts, was made and agreed to. Previous to the year 1742, a large tract of land had been granted to the first ecclesiastical society in the ancient town of Simsbury, for the maintenance of the gospel ministry.

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This was an action of trespass de bonis asportatis; which came on for trial at Hartford, February term, 1829; when a case comprising the following facts, was made and agreed to. Previous to the year 1742, a large tract of land had been granted to the first ecclesiastical society in the ancient town of Simsbury, for the maintenance of the gospel ministry. In that year, this tract, for the consideration of 491. 10s. 3d., was demised to Ezekiel Humphrey and his heirs, for the period of 999 years. It has since been divided, and is now held by divers persons in severalty. A part of it lying in the…

1Opinion of the CourtPeters, J.

The case presents two questions. 1. Was this land exempt from taxation, by the act of 1702 ? 2. Was it made liable, by the act of 1821 ? By the statute of 1702, it is provided, “ That all such lands, tenements and hereditaments, and other estates, that either formerly have been, or hereafter shall be given and granted, either by the General Assembly of this colony, or by any town, village or particular person or persons, for the maintenance of the ministry of the gospel, in any part of this colony, or school of learning, or for the relief of poor people,'or for any other public and charitable…

2Cases cited2 opinions

  1. New Jersey v. WilsonSupreme Court of the United States · 1812
  2. Atwater v. Town of WoodbridgeSupreme Court of Connecticut · 1826

3Cited by12 opinions

  1. New Mexico v. United States Trust Co.Supreme Court of the United States · 1898
  2. Northern Pacific Railroad v. CarlandMontana Supreme Court · 1884
  3. Parker v. RedfieldSupreme Court of Connecticut · 1835
  4. Russell v. City of New HavenSupreme Court of Connecticut · 1883
  5. Lord v. Town of LitchfieldSupreme Court of Connecticut · 1869

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