Allen v. Morse

• Citation: 72 Me. 502
• Parties: MELVIN A. ALLEN v. WILLIAM G. MORSE and another.
• Decision Date: 30 July 1881
• Court: Supreme Judicial Court of Maine (US)

72 Me. 502

MELVIN A. ALLEN v. WILLIAM G. MORSE and another.

Supreme Judicial Court of Maine.

July 30, 1881

ON EXCEPTIONS.

Writ of entry to recover possession of a lot of land in Buckfield, to which the plaintiff claimed title by virtue of the following deed from the collector of taxes:

(Deed.)

" State of Maine. To all people to whom these presents shall come. I, Nathaniel T. Shaw, collector of taxes for the town of Buckfield, in the county of Oxford and State of Maine, for the year one thousand eight hundred and seventy-three legally chosen and sworn, send greeting:

Whereas, the assessors of the town of Buckfield for the year aforesaid, legally chosen and sworn, have, agreeably to law assessed the real estate hereinafter described in the sum of thirty-nine dollars and thirty-eight cents, taxed to Levi Turner, as resident proprietor of land in said Buckfield which in their list of assessment they have committed to me collector of said town, to collect, and whereas no person has appeared to discharge said tax, although I have advertised the same by posting notices of the non-payment of said tax for the term of nine months from the date of said assessment and of my intention to sell so much of said real estate as would be necessary to discharge said tax and all intervening charges, at three public places in said town where warrants for town meetings are required to be posted, six weeks before the day of sale; and at least ten days before the sale, I delivered to the owner a written notice signed by me, stating the time and place of sale and the amount of tax due.

Therefore, know ye, that I, Nathaniel T. Shaw, collector of taxes as aforesaid, in consideration of the sum of forty-two dollars and eighty-eight cents, to me paid by Melville A. Allen, of Buckfield, in the county of Oxford, and State of Maine, have granted, bargained, and sold, and do hereby grant, bargain, sell, and convey to the said Melville A. Allen, his heirs and assigns forever, the following described real estate situated in said town of Buckfield, viz: A pasture lot, a part of Thayer lot so called, being a part of said Turner's homestead farm, and bounded as follows: North, by county road leading from North Buckfield to Paris Hill, and by Joseph Damon's land; east, by Sylvester Damon's land; south, by M. J. Damon and C. Woodbury's land; and west, by C. Thayer's land, containing twenty acres, more or less.

The same having been struck off to the said Melville A. Allen, he being the highest bidder therefor, and it being necessary to sell a part of the real estate so assessed and advertised, at a public auction, legally notified and holden at the post office in Buckfield village in said Buckfield, on the thirty-first day of May, 1875.

To have and to hold the same to the said Melville A. Alien, his heirs and assigns, to his and their only proper use and behoof forever; subject however, to the right of redemption of the owner thereof, or his heirs and assigns, at any time within the time specified by law.

And I do covenant with the said Melville A. Allen, his heirs and assigns, that I gave notice of the intended sale of the said real estate according to law, and that in all respects in the premises, I have observed the directions of the law, whereby I have good right and full power to sell and convey the premises to the said Melville A. Allen, to hold as aforesaid.

In witness whereof, I have hereunto set my hand and seal, in my capacity as collector aforesaid, this second day of June, Anno Domini eighteen hundred and seventy-five.

Nathaniel T. Shaw, Collector." [Seal.]

Duly executed, acknowledged and recorded.

At the trial, the presiding justice ruled pro forma that the deed was not sufficient to make out a case for the plaintiff, and as the plaintiff proceeded no further, a nonsuit was ordered.

O. H. Hersey and George D. Bisbee, for the plaintiff.

The plaintiff " produced in evidence the collector's deed duly executed and recorded," and was " entitled to judgment in his favor," no other evidence...