Bellows v. Elliot
Supreme Court of Vermont
Trespass, upon lot No. 69, in Brunswick. Plea, not guilty. Issue to the country. Upon the trial in the county court, the plaintiff gave in evidence a statute law of this state, -passed October 28, 1831, granting a tax of three mills on each acre of land in Brunswick in the county of Essex (public rights &c., excepted) for the purpose of building a jail. The provisions of the act sufficiently appear from the opinion of the court.
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Trespass, upon lot No. 69, in Brunswick. Plea, not guilty. Issue to the country. Upon the trial in the county court, the plaintiff gave in evidence a statute law of this state, -passed October 28, 1831, granting a tax of three mills on each acre of land in Brunswick in the county of Essex (public rights &c., excepted) for the purpose of building a jail. The provisions of the act sufficiently appear from the opinion of the court. The plaintiffs also gave in evidence the warrant of the treasurer of the county, for the collection of said tax, issued, in due form of law, to Henry D. Shoff,…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
The plaintiff claims title to the premises under a vendue sale. In all cases, where the owner of property is to be divested of his title, against his consent, by a proceeding under a statute, whether public or private, the person claiming under such proceedings must show a compliance with the provisions of the statute. Even in cases of execution, when it is beneficial to the debtor, and when his property is transferred at its full value, as well as in sales for taxes, this principle is rigidly adhered to, and it is not peculiar to this…
2Cited by4 opinions
- Chandler v. SpearSupreme Court of Vermont · 1850
- Cahoon v. CoeSupreme Court of New Hampshire · 1876
- Downer v. TarbellSupreme Court of Vermont · 1889
- Cahoon v. CoeSupreme Court of New Hampshire · 1876