Rogers v. Inhabitants of Greenbush
Supreme Judicial Court of Maine
On report. Assumpsit for money had and received, whereby the plaintiff, a resident of the defendant town, claims to recover back money paid to redeem land, situated in said town, sold for taxes. The plaintiff paid the money to the collector, “ at the time protesting against said taxes.” He was not arrested, nor were his goods seized, but á portion of said lands were sold, and he redeemed them to save forfeiture.
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On report. Assumpsit for money had and received, whereby the plaintiff, a resident of the defendant town, claims to recover back money paid to redeem land, situated in said town, sold for taxes. The plaintiff paid the money to the collector, “ at the time protesting against said taxes.” He was not arrested, nor were his goods seized, but á portion of said lands were sold, and he redeemed them to save forfeiture. The plaintiff claimed to recover the money back upon the ground that the assessments were not legally made. The action was commenced within one year after payment; and if…
1Opinion of the CourtKent, J.
The question presented for our determination is, whether an Action of assumpsit can be maintained to recover back money paid for taxes on real estate, belonging to and assessed as the property of an inhabitant of the town, who paid to the collect- or such taxes, “ at the time protesting against said taxes; ” although he was not arrested, nor were his goods seized, but a portion of the land was sold, which he redeemed to save forfeiture. He claims that the assessments were not legally made.
*391This, then, is not a case of a person denying the right of the town to tax him or his property, real or…
2Cases cited1 opinion
- Willis v. ValletteCourt of Appeals of Kentucky · 1862
3Cited by11 opinions
- Berry v. DaigleSupreme Judicial Court of Maine · 1974
- Hoke v. City of AtlantaSupreme Court of Georgia · 1899
- St. Anthony & Dakota Elevator Co. v. Bottineau CountyNorth Dakota Supreme Court · 1900
- Lundy v. Pioneer Irrigation DistrictIdaho Supreme Court · 1933
- Davis v. Otoe CountyNebraska Supreme Court · 1898
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