Legal Opinion

Sanders v. Saxton

New York Supreme Court

Decided December 15, 1901Published

Suit commenced in 1895 to remove clouds upon title to real property situated in the former town of New Utrecht, in Kings county, made a part of the city of Brooklyn by an act passed in 1894 (ch. 451). The suit is against the state officials who are the commissioners of the land office, and also against the state comptroller.

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Suit commenced in 1895 to remove clouds upon title to real property situated in the former town of New Utrecht, in Kings county, made a part of the city of Brooklyn by an act passed in 1894 (ch. 451). The suit is against the state officials who are the commissioners of the land office, and also against the state comptroller. The clouds are three tax deeds of conveyance made by the state comptroller to the state as purchaser at tax sales, the first dated March 4, 1881, recorded July 1, 1882, for the general taxes of 1868 to 1870, inclusive, the second dated March 19, 1889, recorded March 16,…

1Opinion of the Court

Gaynor, J.:

The land was returned to the state comptroller and sold as though the unpaid taxes had been assessed and made a lien upon it; but they had not been. The statute required that the names of the taxable inhabitants and their lands be set down in the assessment roll in a prescribed manner, and that the “ lands of non-residents shall be designated in the same assessment roll, but in a part thereof separate from the other assessments” (1 R. S. m. p. 391, § 11), in another prescribed manner. And in the former case the lands are not assessed, but only the inhabitants, while in the latter…

2Cases cited2 opinions

  1. Sanders v. . DownsNew York Court of Appeals · 1894
  2. Sanders v. SaxtonNew York Supreme Court · 1900

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