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68 N.H. 443

44 A 600

Bickford v. Poor

Supreme Court of New Hampshire

Decided December 5, 1895

Supreme Court of New Hampshire · decided 1895-12-05

Writ oe Entry. Facts found by the court. The defendant claims title under a tax collector’s deed to him, founded upon a sale for non-resident taxes assessed upon the demanded premises by the selectmen of Landaffin 1879. The plaintiff acquired his title from grantees of the New Hampshire Iron Company, who were the owners of the premises in 1879.

Cited by 2 later decisions — most recently November 1936

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1895-12-05

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*444 Parsons, J.

¶1 The defendant claims title by virtue of a tax collector’s deed to him, founded upon a sale in 1879. The plaintiff has the title of the owner at the time of the tax sale. The case finds as a fact that the defendant’s statement made at the sale prevented competition. This fact is fatal to the defendant’s title. u The sale must be a public sale with opportunity for open competition.” Cool. Tax. 339. “ It is essential to the validity of tax sales, not merely that they should be conducted in conformity with the requirements of law, but that they should be conducted with perfect fairness. Perfect freedom from all influences likely to prevent competition in the sale should be in all cases strictly exacted.” Slater v. Maxwell, 6 Wall 268, 276. This case, decided in the supreme court of the United States and supported by the authorities generally (Burr. Tax. 351; Black. Tax Tit., ss. 397-399; Kerwer v. Allen, 31 Ia. 578), is decisive of the present case. The finding of fact upon this point being sufficient to determine the case, the other objections suggested have not been considered.

¶2 Judgment for the plaintiff.

Chase, J., did not sit: the others concurred.
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