Underhill ex dem. Underhill v. Smith
Underhill ex dem. Underhill v. Smith
Opinion of the Court
In this case
observed to the Jury :
A proprietor’s collector acts solely by virtue of a power given by statute. He has merely a naked power to sell the lands of those proprietors, who are delinquent in the payment of the tax. Ho has no interest in the land. It is necessary, therefore, by the rules of law, that he should pursue his power strictly, however difficult. He must perform all pre-requisites, which stand as conditions precedent to his right of selling, suchas giving all previous notices required, and in the precise manner required by law. Otherwise the
The Jury found for the plaintiff, and approved by all the Judges.
Reference
- Full Case Name
- Underhill, ex dem. Underhill v. Smith
- Status
- Published