Jordan v. Hyatt
New York Supreme Court
In Equity. This was a bill for a partition of certain real estate consisting of two lots of land situate in the city of Hudson, of which the plaintiff claiméd to be seised in fee of an equal undivided moiety.
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In Equity. This was a bill for a partition of certain real estate consisting of two lots of land situate in the city of Hudson, of which the plaintiff claiméd to be seised in fee of an equal undivided moiety. The bill alleged that Ann Catharine Hyatt, deceased, was the wife of James Hyatt, who is also dead, and that in her lifetime she was seised in fee of the premises; that she died on or about the 25th of December, 1825, intestate, leaving her husband surviving her; who after her death held and possessed the premises as tenant by the curtesy; that he died on the 26th of August, 1836. That…
1Opinion of the Court
By the Court,
Bauculo, J.
The first question to be examined is, whether the sale, made by the common council of the city of Hudson, of the premises in question, to Israel Platt was valid. It is contended that the assessment under which the sale was made was illegal and unconstitutional; that it was in violation of that provision of the constitution which declares that no person shall be deprived of property without due process of law. (Const. art. 7, § 7.) It is conceded that the assessment was made without any notice to the owners; and for the purpose of raising money to pay for land taken and…
2Cases cited5 opinions
- Livingston v. MayorCourt for the Trial of Impeachments and Correction of Errors · 1831
- In re JohnNew York Supreme Court · 1839
- Elmendore v. HarrisCourt for the Trial of Impeachments and Correction of Errors · 1840
- Canal Bank v. Mayor of AlbanyNew York Supreme Court · 1832
- Town v. WilcoxNew York Supreme Court · 1834
3Cited by16 opinions
- Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
- Fulton v. Town of DoverSupreme Court of Delaware · 1888
- Wilson v. Baltimore & Philadelphia RailroadCourt of Chancery of Delaware · 1884
- Lewis v. YagelNew York Supreme Court · 1894
- People ex rel. Bliss v. Board of SupervisorsNew York Supreme Court · 1891
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