Legal Opinion

Brainard v. Town of Colchester

Supreme Court of Connecticut

Decided March 15, 1863PublishedCited by 17 opinions

Assumpsit, to recover back the amount of a tax laid by the town of Colchester, and which the plaintiff had been compelled to pay, on certain land within that town, claimed by him to be exempt from taxation. The case was reserved by the superior court, on facts found, for the advice of this court. The facts areBsufficieutly stated in the opinion.

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Assumpsit, to recover back the amount of a tax laid by the town of Colchester, and which the plaintiff had been compelled to pay, on certain land within that town, claimed by him to be exempt from taxation. The case was reserved by the superior court, on facts found, for the advice of this court. The facts areBsufficieutly stated in the opinion. The statute of 1702, under which the plaintiff claimed the land to be exempt, is as follows: “ That all such lands, tenements, hereditaments and other estates, that either formerly have been or hereafter shall be given and granted, either by the…

1Opinion of the CourtDutton, J.

In this case a tax was levied by the town of Colchester on land which had in 1774 been devised to the Eirst Ecclesiastical Society in Colchester, in conformity with the provisions of the statute of 1702. In 1804 the society *409made a lease of it to Daniel Taylor for nine hundred and ninety-nine years, in consideration of seven hundred and twenty-five pounds; the lessee covenanting to keep a barn on the premises in good and tenantable repair, which covenant has been kept. The property has since been conveyed in fee-simple, and came as such into the hands of the defendant. The consideration money…

2Cases cited4 opinions

  1. New Jersey v. WilsonSupreme Court of the United States · 1812
  2. Goddard v. Town of SeymourSupreme Court of Connecticut · 1862
  3. Landon v. Town of LitchfieldSupreme Court of Connecticut · 1836
  4. Town of New Haven v. SheffieldSupreme Court of Connecticut · 1861

3Cited by17 opinions

  1. Orchard v. Wright-Dalton-Bell-Anchor Store Co.Supreme Court of Missouri · 1910
  2. East Saginaw Manufacturing Co. v. City of East SaginawMichigan Supreme Court · 1869
  3. Hartford Electric Light Co. v. Town of WethersfieldSupreme Court of Connecticut · 1973
  4. Whittelsey v. PorterSupreme Court of Connecticut · 1909
  5. Comm'rs of Miami Co. v. BrackenridgeSupreme Court of Kansas · 1873

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