Tax Lien Co. v. . Schultze
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 8, 1914, which reversed an order of Special Term granting a motion by the purchaser at a foreclosure sale to be relieved from his purchase and denying a motion to compel the said purchaser to complete his purchase.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 8, 1914, which reversed an order of Special Term granting a motion by the purchaser at a foreclosure sale to be relieved from his purchase and denying a motion to compel the said purchaser to complete his purchase. The action was brought pursuant to sections 1035-1039 of the Greater New York charter (Laws of 1901, chapter 466, as amended by chapter 490 of the Laws of 1908 and chapter 65 of the Laws of 1911) to foreclose a tax lien upon premises described in the judgment as…
1Opinion of the CourtChase, J.
When an easement is carved out of one property for the benefit of another the market value of the servient estate is thereby lessened, and that of the dominant increased practically by just the value of the easement ; the respective tenements should therefore be assessed accordingly. (People ex rel. Poor v. Wells, 139 App. Div. 83, 87; affd. on opinion below, 200 N. Y. 518. See Blenis v. Utica Knitting Co., 73 Misc. Rep. 61; affd., 149 App. Div. 936; affd., 210 N. Y. 561; Smith v. Mayor, etc., of N. Y. 68 N. Y. 552, 557; People ex rel. Topping v. Purdy, 143 App. Div. 389; affd., 202 N. Y.…
2Cases cited18 opinions
- Lewis v. . SmithNew York Court of Appeals · 1854
- Emigrant Industrial Savings Bank v. . GoldmanNew York Court of Appeals · 1878
- Smith v. Mayor of New YorkNew York Court of Appeals · 1877
- Merchants' Bank v. . ThomsonNew York Court of Appeals · 1873
- Goebel v. . IfflaNew York Court of Appeals · 1888
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3Cited by82 opinions
- Tide Water Pipe Co. v. BellSupreme Court of Pennsylvania · 1924
- People ex rel. Gale v. Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1962
- Hayes v. GibbsUtah Supreme Court · 1946
- Westwood Homeowners Ass'n v. Lane CountyOregon Supreme Court · 1993
- Englewood Cliffs v. Estate of AllisonNew Jersey Superior Court Appellate Division · 1961
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