Pease v. Whitney
Massachusetts Supreme Judicial Court
The plaintiff, being an inhabitant of Upton, in this county, having lands within that town under his own occupation, and also other lands therein occupied by his tenant, which last lands were situate in a school-district different from that in which the plaintiff dwelt, was taxed by the defendants, the assessors of the town of Upton, for the lands in the occupation of his tenant.
Read the full summary
The plaintiff, being an inhabitant of Upton, in this county, having lands within that town under his own occupation, and also other lands therein occupied by his tenant, which last lands were situate in a school-district different from that in which the plaintiff dwelt, was taxed by the defendants, the assessors of the town of Upton, for the lands in the occupation of his tenant. For this assessment he sued this action of trespass against the defendants; on the trial of which before Sedgwick, J., April term, 1808, a verdict was found for the defendants * by consent, subject to [ * 381 ] the…
1Opinion of the Court
The action stood continued nisi for advisement, and at the following March term, in Suffolk, the opinion of the Court was delivered by
Parsons, C. J.
[After stating the case.] The plaintiff, to establish the illegality of the assessment, relies on the second section of the statute of 1799, c. 66.
By the provisions of this section it is manifest that the plaintiff was taxable for all his lands in the town, in his own occupation, for the use of the district in which he lived; but that his lands in the occupation of his tenant should be taxed for the use of the district in which the lands were…
2Cases cited1 opinion
- Capen v. GloverMassachusetts Supreme Judicial Court · 1808
3Cited by10 opinions
- Townsend v. LittleSupreme Court of the United States · 1883
- Taylor v. TaylorSupreme Court of Minnesota · 1865
- Spencer v. StateIndiana Supreme Court · 1854
- McClure v. United StatesCourt of Appeals for the Ninth Circuit · 1938
- Copeland v. Mayor & AldermenMassachusetts Supreme Judicial Court · 1896
5 more not listed; retrieve them via the Exa API.