Spear v. Tilson
Supreme Court of Vermont
Trespass for taking plaintiff’s mare. Plea, the statute of limitations, general issue and notice of special matter, which was referred, under a rule of court, to a referee, who reported: That the mare was taken by the defendant as collector of a town tax in Braintree, some weeks previous to March 18, 1844, and posted for sale under a warrant for the collection of taxes, but was left in the custody of the plaintiff, until the day of sale, which was March 18, 1844. That on…
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Trespass for taking plaintiff’s mare. Plea, the statute of limitations, general issue and notice of special matter, which was referred, under a rule of court, to a referee, who reported: That the mare was taken by the defendant as collector of a town tax in Braintree, some weeks previous to March 18, 1844, and posted for sale under a warrant for the collection of taxes, but was left in the custody of the plaintiff, until the day of sale, which was March 18, 1844. That on that day the defendant took the mare from the plaintiff and sold her at auction, which is the taking complained of. The…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
In this case, several questions have arisen under the general issue and notice, and a more difficult one, under the plea of the statute of limitations. The action is trespass for taking the plaintiff’s mare, and was commenced on the 18th day of March, 1850, the same day the property was taken. The defense, under the general issue and notice, consists in having taken the property by the defendant, as collector of taxes by virtue of a warrant therefor. The proceedings of the collector and the legality of the tax, are to be taken as correct and…
2Cases cited3 opinions
- Hathaway v. GoodrichSupreme Court of Vermont · 1833
- Hale v. MillerSupreme Court of Vermont · 1843
- Tomlinson v. WheelerSupreme Court of Vermont · 1826
3Cited by3 opinions
- Chadwick v. WigginSupreme Court of Vermont · 1922
- Wheelock v. ArcherSupreme Court of Vermont · 1854
- Hackett v. AmsdenSupreme Court of Vermont · 1885