Jackson v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John R. Smith and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of New York on the 18th day of March, 1912, upon the decision of the court rendered after a trial at the New York Special Term.
1Opinion of the Court
Miller, J.:
This is an action to foreclose a tax lien, pursuant to section 1035 et seq. of the Greater New York charter (Laws of 1901, chap. 466), as added by chapter 490 of the Laws of 1908.* The appellants are owners of adjoining premises to those under foreclosure and, as such, have private easements of light, air and access over the latter, which rights were created by deed and have been established by judicial decision. (Smith v. Smith, 120 App. Div. 278; 193 N. Y. 667.) The appellants claim to be aggrieved by the provision of the judgment which adjudges that-the tax lien is “superior to…
2Cases cited10 opinions
- Hefner v. Northwestern Life InsuranceSupreme Court of the United States · 1887
- Smith v. Mayor of New YorkNew York Court of Appeals · 1877
- People ex rel. Poor v. WellsAppellate Division of the Supreme Court of the State of New York · 1910
- Blenis v. Utica Knitting Co.New York Supreme Court · 1911
- People Ex Rel. Poor v. . WellsNew York Court of Appeals · 1910
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3Cited by36 opinions
- Tax Lien Co. v. . SchultzeNew York Court of Appeals · 1914
- Westwood Homeowners Ass'n v. Lane CountyOregon Supreme Court · 1993
- Gowen v. SwainSupreme Court of New Hampshire · 1939
- Alamogordo Improvement Co. v. PrendergastNew Mexico Supreme Court · 1939
- Crawford v. SenoskyOregon Supreme Court · 1929
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