Nolan v. City of New York

This action arises from the following facts: In 1929, one De Roche, the owner of land in block 5037 conveyed it to James Nolan, who recorded the deed but it was not indexed against that block. A condemnation proceeding was begun in 1936. James Nolan deeded the land to his son, the plaintiff, by deed dated February, 1938, recorded April 26,1938. Plaintiff on March 16,1938, filed a notice of claim to any award, and the Comptroller was served. On November 30, 1938, the tentative decree, ignoring that claim, awarded $1,000 to an “ unknown owner; ” a final decree on March 9, 1939, made that award,…