Legal Opinion

Town of Hebron v. Town of Colchester

Supreme Court of Connecticut

Decided June 15, 1811PublishedCited by 7 opinions

MOTION for a netv trial. This was an action of assumpsit, brought by the town of fTehran against the town of Colchester, to recover the amount of expenses incurred for the support of one John Burke, a pauper. The defendants pleaded the genera! issue. On the trial, the following facts were proved, vis.

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MOTION for a netv trial. This was an action of assumpsit, brought by the town of fTehran against the town of Colchester, to recover the amount of expenses incurred for the support of one John Burke, a pauper. The defendants pleaded the genera! issue. On the trial, the following facts were proved, vis. That in the year 1775, William Burke, a native of Ireland, in the kingdom of Qreat-Britian, came into the United Slates, as a soldier in the British army, and continued in the Untied States, in the army, until January 12th, 17/8, when he deserted from the British army, and in the month of March…

1Opinion of the Court

Sums. J.

In this case, two questions are presented for the eonsiderafion of the court. 1. Did William Burke gain a settlement in Easl-lCvllam, by the purchase of real estate ? And 2. if this be not so, does the settlement of John Burke, the pauper, follow the settlement of his mother, at Mont-ville ?

The question, whether William Burke gained a settlement in East-lliddanu by the purchase of lands in that town, depends on his capacity to purchase and hold lands.

It is objected, that he was an alien, and by virtue of the statute, incapable of holding lands.(a) Was William Burke, then, an alien or…

2Cases cited2 opinions

  1. McIlvaine v. Coxe's LesseeSupreme Court of the United States · 1808
  2. Dawson's Lessee v. GodfreySupreme Court of the United States · 1808

3Cited by7 opinions

  1. Kelly v. HarrisonNew York Supreme Court · 1800
  2. Lynch v. ClarkeNew York Court of Chancery · 1844
  3. Inhabitants of Newtown v. Inhabitants of StratfordSupreme Court of Connecticut · 1821
  4. Inhabitants of Middletown v. Inhabitants of LymeSupreme Court of Connecticut · 1823
  5. Burrell Township v. Pittsburg Guardians of the PoorSupreme Court of Pennsylvania · 1870

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