John Nelson versus John Pierce and another

John Nelson versus John Pierce and another.

A-cr*iScL‘e, by-e'.cZtfnen; that a warrant, for holding a town mccinig, “ h-»" been dalv po-^&d up more than ñíteen ic not sulricient to ~how tho meethu dtf.v notified. I*, shoal 1 stole the place where, and the time \% Lea. it was posted up.

A lot of Lo-aL belonging »* a Inhabitant of a town, was Lo den to he i;gLt y toned as Lnd of a honiesidjrifj the owner having omltteu to notice it m th^ inventory of his taxable estate* which he gave to the selectmen, and it not being known to the selectmen thafc he was the owner.

An atrdawt* fiddly a codector with a town clerk, that aa advertisement of the lands of ncnre'-Id^ms for sale for taxes had been posted rp more than cisht weeks. wa< held to be no that the kmns hod l-r-eu clu'y'.cvertUei fw Í* sh-ftd -’-pe ‘he time v. h’n the adverthemei.t wa-posted «]>.

This was a writ of entry brought to recover lot No. 29, in the fourth sale in Bethlehem.

The cause was tried in the court of common pleas, at May term, IS33, and a verdict taken for the tenants, subject to the opinion of the superior court, opon the following case.

•'"On the 23d June, 1827, the executor of Joseph Whipple, deceased, by deed, conveyed the land demanded, to Jonathan Nelson, who, on the 5th July, in the same year, entered and took possession of the lot, and on the 12th March, 1829, conveyed the same to the demandant.

The tenants claimed to hold the land, under a sale made by one S. B. Johnson, collector of taxes in the town of Bethlehem, for taxes assessed upon the lot in the year 1828.

Some of the taxes, for which the land was sold, were voted to be raised by the town of Bethlehem, at a meeting holden on the second Tuesday of March, 1828. On the back of the warrant, for holding said meeting, the certificate of the selectmen was as follows:—

“Bethlehem, 11th March, 1828. These certify that the within warrant has been posted up for more than filteen days.

S. W,

J. W,

L. R.

a > ⅝

Select men of Bethlehem."

Lot No. 29, in the fourth sale, was taxed that year as the land of a nonresident, the owner of which was unknown. But Jonathan Nelson, the owner.of the lot, resided in Bethlehem during the year 1828. However, although he gave to the selectmen an inventory of his taxable estate, he omitted this lot, and the selectmen had no notice that he claimed it.

On the day after the sale of the lot, the collector lodged with the town clerk of Bethlehem, the advertisement, which had been posted up in that town, annexed lo a certificate under oath as follows:—

“ Bethlehem, January 7, 1829. I hereby certify;ha: the advertisement of nonresident land, for the year 1828. hereunto annexed, has remained posted up in my bar room, in said Bethlehem, more than eight weeks prior to this date,

A copy of the advertisement, and certificate, attested by the town clerk, was the only evidence offered to prove that the land was advertised for sale in the town of Bethlehem,

Hell, for the demandant.