Wood v. . Knapp
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial departmént, entered upon an order made November 21, 1882, 'which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. . The nature of the action and the material facts are stated in the opinion. There was no legal assessment of the lands.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial departmént, entered upon an order made November 21, 1882, 'which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. . The nature of the action and the material facts are stated in the opinion. There was no legal assessment of the lands. (Matter of Rector, etc., 61 How. 315 ; Brayley v. Seaman, 30 Cal. 610; People v. Saving Union, 31 id. 132; Lawrence v. Post, 20 Ill. 338; Wood v. Freeman, 1 Wall. 398.) The comptroller had no authority to sell until the tax…
1Opinion of the Court
Ruger, Ch. J.
This was an action to recover damages' for certain alleged trespasses committed by the defendant upon thirty-five acres of land in lot 14 of the gore between Old Military and Refugee tracts in the town of Mooers, Clinton county. The answer denied the complaint and justified the alleged trespasses upon the ground that they were committed upon the lands of one Blake, and by his permission and consent. Upon the trial the plaintiff put in evidence a deed from the comptroller, dated December 18, 1868, purporting to convey the lands in question to one Hubbell, by virtue of a sale…
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