Crooke v. . Andrews
New York Court of Appeals
Appeal from a judgment for the plaintiff on demurrer, to his complaint, which judgment was affirmed in General Term of the Supreme Court for the second district.
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Appeal from a judgment for the plaintiff on demurrer, to his complaint, which judgment was affirmed in General Term of the Supreme Court for the second district. The complaint alleges that the plaintiff is the owner in fee, of certain lands in the city of Brooklyn, particularly described; that the defendant claims an estate or interest therein, by reason of sales thereof, made by the authorities of Brooklyn, for taxes during the" years 1855,1856,1857,1858, 1859, 1860, and 1861, and has received certificates of such sales of the premises; has put his claim thereto upon record, and has given…
1Opinion of the CourtWoodeuet, J.
This action is not brought to restrain the collection of a tax or assessment, but simply to remove a cloud upon the plaintiff’s title to land, created, as he alleges, by proceedings of the authorities of the city of Brooklyn for the assessment and collection of taxes, and the sale of the land for the non-payment thereof.
It is, therefore, not necessary to reiterate the general rule that a hill in equity will not lie to restrain public authorities from assessing and collecting taxes or assessments, so often heretofore stated, and again refer to the reasons or authorities upon which it rests.
That…
2Cases cited6 opinions
- Heywood v. . the City of BuffaloNew York Court of Appeals · 1856
- Pettit v. ShepherdNew York Court of Chancery · 1835
- Ward v. . DeweyNew York Court of Appeals · 1858
- Fleetwood v. City of New YorkThe Superior Court of New York City · 1849
- Allen v. . City of BuffaloNew York Court of Appeals · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Douglass v. NuzumSupreme Court of Kansas · 1876
- Corey v. Schuster, Hingston & Co.Nebraska Supreme Court · 1895
- Sanxay v. HungerIndiana Supreme Court · 1873
- Newell v. . WheelerNew York Court of Appeals · 1872
- Ormsby v. OttmanCourt of Appeals for the Eighth Circuit · 1898
27 more not listed; retrieve them via the Exa API.