Capen v. Glover
Massachusetts Supreme Judicial Court
This was an action of trespass, pending in the county of Norfolk, against the defendants, assessors of the town of Milton, in that, county, for a supposed illegal assessment of certain lands lying in Milton.
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This was an action of trespass, pending in the county of Norfolk, against the defendants, assessors of the town of Milton, in that, county, for a supposed illegal assessment of certain lands lying in Milton. The parties (October term, 1805) agreed upon the following statement of facts, on which judgment was to be rendered : — “ That previous to the year 1659, the towns now called Dor Chester and Milton were one township, under the name of Dor Chester, and that on the sixteenth day of the eleventh month, in the year 1659, the inhabitants of the said town oí*Dor- [* 308 ] Chester, or…
1Opinion of the CourtSedgwick, J.
This is an action of trespass against the defendants, assessors of the town of Milton, for a tax for town charges imposed on the plaintiff, as the occupant of a tract of land in that town.
When Milton was erected into a town, (having before been part of Dorchester,) which was one hundred and forty years before this tax was imposed, it was manifestly the understanding of all the parties, that the land, for which this tax was assessed, although it lay within the limits of Milton, should be exempted from taxes for town charges, it being reserved to Dorchester for ministerial purposes. This was…
2Cited by6 opinions
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