1 Super. Ct. Jud. 38
Massachusetts Supreme Judicial Court
Decided February 15, 1763
Massachusetts Supreme Judicial Court · decided 1763-02-15
THIS Action was brought by the Tenant against the Landlord for the Recovery of half the Taxes, upon the Province Law called the Tax.Act. (1) This Case was said to differ from the Case of Jackson v. Foye, (2) try’d before this Court in August Term last, as in that Case Jackson had been Tenant to Foye so many Years, there had been many Settlements,—whereas here Derumple had been Tenant only five or six Years.
Decided 1763-02-15
¶1You are to go according to Law and *41Evidence. Where the Law is in any Case doubtfull and the Equity of it plain, you should verge towards Equity. Custom shall not be placed in Opposition to Law, but it may be a Circumstance going to interpret the Intention of the Parties. I see Nothing to distinguish this from the Case of Jackson v. Foye.
¶2Verdict for Defendant.