The Titan's Curse

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1869 edition. Excerpt: ...on tax titles, p. 167, 1868.-In no State has this plain rule of law been more frequently or more strictl(y ap lied, than in the State of Ohio, where 'ol. rane received his professional training.--Hansel vs. Smith, 15 Ohio, 134. The fact that a piano or the piano was assessed to the accused gives no authorit to distrainit or sell it unless he owned it. The rights of the real owner are in no way affected b that assessment.. It wil not serve as an excuse, that it was a mere mistake. The failure to assess Mrs. Yerger, who owned the piano, de rived the City of all power to seize it; an it would be as reasonable to hold, that because a man in fact owes a debt you may seize his property without jud ment, as-to holdthat it was legal to seizet is piano without assessment--because Mrs. Yerger ought to have been assessed. "There was no legal liabilit to pay taxes by her until she was assesse--28 Miss., 80." The very writ of distringas, directs the officer to seize the property of E. M. Yerger, and the advertisement assumes that it is his personal property. The Mayor knew that the assessment did not warrant the seizure of the pirogerty of Mrs. Yerger. The principle w ic protected her, is found in the constitutional provision protecting persons and groperty from arrest and seizure without ue course of law. In some of the States, the defaulting tax-payer is liable to arrest and imprisonment. In these States, it is the settled law that if the party has not been assessed, although a taxable inhabitant, he is not in default, and his arrest without assessment amounts to trespass and false imprisonment.-----Blackwell.-And if such a remedy for collecting taxes existed here, (and it did once exist) the City, might have sent Mrs. Yerger to...