Derry National Bank v. Griffin
Supreme Court of New Hampshire
Bill in Equity, to remove a cloud upon the plaintiffs’ title to a part of the Eaton farm. The defendant’s demurrer was overruled, pro forma. Facts found by the court. April 1, 1890, M. W. G., a resident of Chicago, 111., owned the farm, and a quantity of lumber piled upon it, that had been manufactured from timber cut on the farm. May 5, 1890, she conveyed a part of the farm to K, who mortgaged the same to the plaintiffs.
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Bill in Equity, to remove a cloud upon the plaintiffs’ title to a part of the Eaton farm. The defendant’s demurrer was overruled, pro forma. Facts found by the court. April 1, 1890, M. W. G., a resident of Chicago, 111., owned the farm, and a quantity of lumber piled upon it, that had been manufactured from timber cut on the farm. May 5, 1890, she conveyed a part of the farm to K, who mortgaged the same to the plaintiffs. In January, 3893, in a suit to foreclose the mortgage, the plaintiffs recovered judgment, under which they were put in possession of the premises, June 19, 1893, but they…
1Opinion of the CourtCarpenter, J.
The demurrer is sustained. The defects in the defendant’s tax title appear upon the record. Eastman v. Thayer, 60 N. H. 408. But the plaintiffs may at the trial term be permitted to amend by filing a declaration in a writ of entry.
The defendant’s title is invalid. Both the list of taxes assessed upon non-resident lands and the collector’s advertisement of the lands for sale are required to state “the amount of taxes assessed thereon.” (4. L., c. 59, ss. 1, 3. This requirement is material and mandatory. Eastman v. Little, 5 N. H. 290; Weeks v. Waldron, 64 N. H. 149; Alexander v. Pitts, 7 Cush.…
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