Erschler v. Lennox
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Abraham Erschler, from a judgment of the County Court of the county of Chemung in favor of the defendants, entered in the office of the clerk of the county of Chemung on the 14th day of August, 1896, affirming a judgment rendered by the City Court of the city of Elmira. The judgment appealed from affirmed a final order made in summary proceedings to obtain possession of certain real estate therein.
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Appeal by the plaintiff, Abraham Erschler, from a judgment of the County Court of the county of Chemung in favor of the defendants, entered in the office of the clerk of the county of Chemung on the 14th day of August, 1896, affirming a judgment rendered by the City Court of the city of Elmira. The judgment appealed from affirmed a final order made in summary proceedings to obtain possession of certain real estate therein. The plaintiff was the purchaser on a tax sale of the premises described in the petition, and asked for a final order to remove the defendants from such premises according…
1Opinion of the Court
Putnam, J.:
The authority of the common council of the city of Elmira to sell the premises of the defendant Lucy Lennox for taxes at the time in question was derived entirely from the statute. It is a familiar jDrinciple that “ every statute in derogation of the rights of property or that takes away the estate of a citizen ought to he construed strictly.” (Sharp v. Speir, 4 Hill, 76.) “ When lands are taken under a statute authority, in derogation of the common law, every requisite of the statute having the semblance of benefit to the owner must be strictly complied with.” (Sharp v. Johnson, 4…
2Cases cited5 opinions
- Aikman v. . HarsellNew York Court of Appeals · 1885
- May v. . TraphagenNew York Court of Appeals · 1893
- Van Rensselaer v. WitbeckNew York Supreme Court · 1849
- Dike v. LewisNew York Supreme Court · 1847
- Litchfield v. City of BrooklynNew York City Court · 1895
3Cited by5 opinions
- Cardwell v. ClarkNew York Supreme Court · 1916
- Ramot Realty Corp. v. Manetto Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1939
- Rhinehart v. O'ConnorAppellate Division of the Supreme Court of the State of New York · 1916
- Gehrhardt v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1905
- Gehrhardt v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1905