Judevine v. Jackson
Supreme Court of Vermont
Trespass quare clausum fregit. Plea, the general issue, and trial by the court, — Redfield, J., presiding. On trial the plaintiff proved their title to the locus in quo, and their possession of the same, and the acts of trespass thereon committed by the defendants.
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Trespass quare clausum fregit. Plea, the general issue, and trial by the court, — Redfield, J., presiding. On trial the plaintiff proved their title to the locus in quo, and their possession of the same, and the acts of trespass thereon committed by the defendants. The defendants then gave in evidence a deed of the premises from Ira McLoud, as collector of taxes, to one Drew, — McLoud being collector of taxes for the town of Woodbury, and having sold the land in question, in October, 1843, as collector, for non-payment of taxes assessed by the town in the year 1842. The defendants also gave…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
In this case the defendants claim title by virtue of a collecter’s deed. There appear to be several defects in the proceedings, under which the land in question was sold to the defendants. Our attention will be confined to the defect, which was considered by the county court, without any farther inquiry as to the validity of the sale.
In all vendue sales it has been required, that there should be a strict compliance with the requirements of the statute, or no title passes to the purchaser. It is a condition precedent to the passing of…
2Cases cited1 opinion
- Sumner v. ShermanSupreme Court of Vermont · 1841
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- Birge v. CunninghamWashington Supreme Court · 1922