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Concord, Merrimack County, New Hampshire
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Chief Justice Doe of the Supreme Court ruled that mortgaged property must be taxed as if free from encumbrance, aligning with constitutional practices and long-standing taxation norms on real and personal property.
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Chief Justice Doe, in a clear and concise opinion delivered last Friday at the law term of the Supreme Court, held that mortgaged property should be taxed as if free from incumbrance, inasmuch as under our constitution and laws, coupled with the usage of many years, in the matter of real estate and personal property, specific articles have been taxed, and no difference should be made because a certain piece of property is mortgaged or pledged as indemnity by the holder to obtain money, the advantages of which loan he has, and that the lender of money should be taxed thereon as if it were otherwise invested in taxable property; in other words, that the mere interchange or juxtaposition of the things does not change the law and the practice of taxation as to individuals.
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Supreme Court
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Last Friday At The Law Term
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Chief Justice Doe held that mortgaged property should be taxed as if free from incumbrance, consistent with constitutional laws and established taxation practices on real and personal property, without distinction for mortgaged items.