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Mason v. Bilbruck

Mason v. Bilbruck.

Mason v. Bilbruck, 62 N.H. 440 (1883)
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Court
Supreme Court of New Hampshire · State Highest Courts
Decided
June 5, 1883
Judges
Stanley, Doe
Citations
62 N.H. 440
Headnotes
A tax-sale of land assessed as resident, made more than a year after the first day of June following the assessment, is not valid against one who bought the land of the owner before the expiration of the year. *
Summary
Trespass qu. cl. Facts found by a referee. The defendant claims the land under a tax-sale made on the resident assessment of April, 1880. The collector gave notice of the sale May 31, 1881, and sold the land July 14, 1881. The plaintiff claims under a sale made by the owner in May, 1880.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Stanley

*441 Stanley, J.

The land was holden for the tax assessed on it for one year from the first day of June, 1880. G. L., c.

58, s.

13. The former owner remains liable for the tax, but against his grantees and creditors the lien lasts but a year.

Gove v. Newton, 58 N. H. 359, 361;

Holden v. Eaton, 7 Pick. 15 , 17;

Noyes v. Haverhill, 11 Cush. 338 ;

Dubois v. Poughkeepsie, 22 Hun 117 ;

Freeman v. Gram, 3 N. Y. 305, 309 ;

Benton v. Wickwire, 54 N. Y. 226, 228 . A levy of an execution, commenced by the appointment and swearing of an appraiser, maybe completed before the return day. G. L., e.

237, s.

5. But there was no provision that this tax lien could be prolonged, a definite or an indefinite time, by the notice required by G. L., c.

58, s.

14.

Judgment for the plaintiff.

Doe, C. J., did not sit: the others concurred.

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Cited by 0 cases

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Authorities cited 2

DepthCaseCited by
Benton v. Wickwire, 54 N.Y. 226 (1873) 46
Freeman & Wait v. Cram, 3 N.Y. 305 (1850) 13

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