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63 Me. 311

Greene v. Walker

Supreme Judicial Court of Maine

Decided July 1, 1873

Supreme Judicial Court of Maine · decided 1873-07-01

On report. Writ oe entry, originally brought against George W. Lunt, who died during the pendency of the action, and his daughter and sole heir at law, Mrs. Walker, appeared in response to a citation and assumed its defence.

Cited by 1 later decisions — most recently April 1971

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1873-07-01

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¶1Rescript.

¶2Neither of the following descriptions of parcels of land, in the inventory of the assessors, is sufficient to create a lien thereon, by assessment of taxes:

¶3I. “Southwest part of two river lots Nos. 1 and 2, range 1, 100 acres, adjoining Adelia Eustis and Jonas Greene’s land.”

¶4II. “A part of lot 1, range 2, 80 acres, adjoining Noah Hall’s back land on northeast, bounded westerly by Peck’s Grant land.”

¶5IH. “A part or surplus of S. R. Newell’s homestead, lot 5, range 3, 6 acres.”

¶6IY. “The northwesterly part of the lot 6, range 5, 25 acres on which Aaron P. Cox resides.”

¶7Y. “A piece of land on the east side of 'Worthly Pond between the pond and ¥m. Harlow’s farm — 8 acres.”

¶8YI. “The lot or part of lot lying southerly and adjoining S. R. Newell’s and P. J. Hopkins’ woodland — lot 3, range 4, 60 acres.” Greene v. Lunt, 58 Maine, 518.

¶9It appearing in evidence that Lunt did not own all of the southeast half of lot 2, range 2; nor all of the Ellis land, as described, but was being taxed for the whole, the sale of both is void. Barker v. Blake, 36 Maine, 433.

¶10The town treasurer was an officer defacto, and the fact that he was not sworn, and had not given any bond, is no defence to this action. The result is, that for all of the ten parcels described in the writ, except the fifth and the eighth, the defendant must have judgment; and that for the fifth and eighth parcels, there must be,

¶11Judgment for theplaintiff.

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