Carpenter v. Town of Dalton
Supreme Court of New Hampshire
Appeal from the assessment of taxes in 1877 on several lots of land, all wild or timbered except No. 1, a part of which is a farm with buildings thereon. The petition alleges an overvaluation and an illegal assessment.
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Appeal from the assessment of taxes in 1877 on several lots of land, all wild or timbered except No. 1, a part of which is a farm with buildings thereon. The petition alleges an overvaluation and an illegal assessment. The plaintiff’s title consists of a quitclaim deed from an administrator in possession, who foreclosed a mortgage to his intestate by a suit March 30, 1876, and conveyed to the plaintiff April 6, following, without license, his tenant attorning to the plaintiff. The selectmen had constructive but not actual notice of the change of title. From 1874 to 1877 inclusive, the lands…
1Opinion of the CourtSmith, J.
1. Although the conveyance was without license, yet the administrator being in possession, his deed gave color of title to the plaintiff, and is sufficient to establish the plaintiff’s right against all who have no title. Cheswell v. Chapman, 38 N. H. 14, 20; Dewey v. Stratford, 42 N. H. 282, 287.
2. The court may abate taxes for any cause which would justify abatement by selectmen. Briggs's Pet., 29 N. H. 547; Savings Bank v. Portsmouth, 52 N. H. 17.
3. The facts that the right of the mortgagor’s heirs or estate to redeem the mortgaged premises had become foreclosed, and that they had neither…
2Cases cited9 opinions
- Taylor v. SecorSupreme Court of the United States · 1876
- Morrison v. HershireSupreme Court of Iowa · 1871
- C. R. & M. R. R. v. Carroll Co.Supreme Court of Iowa · 1875
- City of Lawrence v. KillamSupreme Court of Kansas · 1873
- Albany & Boston Mining Co. v. Auditor GeneralMichigan Supreme Court · 1877
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3Cited by6 opinions
- Farmington v. DowningSupreme Court of New Hampshire · 1893
- Bretton Woods Co. v. CarrollSupreme Court of New Hampshire · 1930
- First National Bank v. ConcordSupreme Court of New Hampshire · 1879
- Kent v. ExeterSupreme Court of New Hampshire · 1896
- Fowler v. SpringfieldSupreme Court of New Hampshire · 1886
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