Legal Opinion

Rhinehart v. O'Connor

Appellate Division of the Supreme Court of the State of New York

Decided April 15, 1916PublishedCited by 1 opinion

Appeal by the defendant from a judgment of the Supreme Court, entered in the office of the clerk of the county of Nassau on the 4th day of September, 1915, in favor of the plaintiffs.

1Per curiam

The boundaries of the lands attempted to be described are vague and indefinite on the southern and western sides of the lands assessed. An assessment for taxes and a sale under it, taking effect as an execution of a statute power, must be construed strictly so as to identify the land and fix its size and location. Here the west bound was upon a so-called highway within the land and not properly bounding it. The southern bound on the highway, as stated, is hopelessly wrong, so that that side line cannot be fixed even after the tax purchase and attempted occupation. At the trial the defendant…

2Cases cited1 opinion

  1. Erschler v. LennoxAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by1 opinion

  1. McInnis v. City of New RochelleNew York Supreme Court · 1917

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