Preston v. Wright
Supreme Judicial Court of Maine
On report. Bill in equity, heard on bill and demurrer, The facts are stated in opinion. Plaintiff cannot recover by an action at law. Payment of taxes inured to benefit of all the owners. An owner, who pays the amount required to redeem his own share and the share of a co-tenant, cannot be entitled to recover of that co-tenant the amount equitably chargeable to his share without other proof, for he may not have paid by his consent or at his request.
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On report. Bill in equity, heard on bill and demurrer, The facts are stated in opinion. Plaintiff cannot recover by an action at law. Payment of taxes inured to benefit of all the owners. An owner, who pays the amount required to redeem his own share and the share of a co-tenant, cannot be entitled to recover of that co-tenant the amount equitably chargeable to his share without other proof, for he may not have paid by his consent or at his request. Such co-tenant may have concluded that the land was not of such value, that it would be beneficial to him to have it redeemed. He could not be…
1Opinion of the CourtDaneorth, J.
This is a bill in equity, to which a demurrer has been filed.
It appears that the plaintiff and defendants are tenants in common of a certain lot of land in Northport, upon which the town had •from year to year assessed taxes ; that the plaintiff has for several years paid the whole of the taxes assessed thereon, the last of which was that assessed for the year 1886, and that these payments were made for the purpose of saving her interest from forfeiture. It does not appear that any steps were taken by the authorities at any time to secure a forfeiture, except once in 1886 the lands were…
2Cited by3 opinions
- Schilbach v. SchilbachCourt of Appeals of Maryland · 1937
- Lohr's EstateSuperior Court of Pennsylvania · 1938
- Olson v. ChapmanWashington Supreme Court · 1940