Legal Opinion

People Ex Rel. Boenig v. . Hegeman

New York Court of Appeals

Decided February 27, 1917PublishedCited by 11 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 17, 1916, which dismissed a writ of certiorari and confirmed the determination of the defendant canceling five tax deeds issued to the relator upon tax sales in the county of Nassau. The facts, so far as material, are stated in the opinion.

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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 17, 1916, which dismissed a writ of certiorari and confirmed the determination of the defendant canceling five tax deeds issued to the relator upon tax sales in the county of Nassau. The facts, so far as material, are stated in the opinion. The petitioner’s claim is barred by the Statute of Limitations (Tax Law, § 132) which provides that the deed shall he conclusive two years from the date of recording the same. (Brase v. Miller, 195 N. Y. 204; Bryan v. McGurk, 200 N. Y. 332;…

1Opinion of the Court

Hiscock, Ch. J.

This proceeding was instituted for the purpose, in effect, of reversing and annulling the action of the county treasurer of Nassau county in canceling certain tax deeds issued to the relator. Said deeds were so canceled because to the warrants issued to the tax receiver was affixed the seal of the board of supervisors of Nassau county instead of the seal of the county as required by the statute. The sole question of importance argued upon this appeal is one involving the interpretation and application of the five-year Statute of Limitations contained in section 132 of the Tax…

2Cases cited8 opinions

  1. Meigs v. . RobertsNew York Court of Appeals · 1900
  2. Cromwell v. . MacLeanNew York Court of Appeals · 1890
  3. Ensign v. . BarseNew York Court of Appeals · 1887
  4. Joslyn v. . RockwellNew York Court of Appeals · 1891
  5. Bryan v. . McGurkNew York Court of Appeals · 1911

3 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Kiamesha Development Corp. v. Guild Properties, Inc.New York Court of Appeals · 1958
  2. Doud v. Huntington Hebrew CongregationAppellate Division of the Supreme Court of the State of New York · 1917
  3. Land v. County of UlsterNew York Court of Appeals · 1994
  4. Lindlots Realty Corp. v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1937
  5. Oswego Falls Corp. v. City of FultonNew York Supreme Court · 1933

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