Legal Opinion

Fulton v. . Krull

New York Court of Appeals

Decided November 29, 1910PublishedCited by 22 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 6, 1908, affirming a judgment in favor of defendant entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The General Tax Law applies to the assessment roll in question. (Mayor, etc., v. Mutual Bank, 20 N. Y. 387; People ex rel. Young v. Willis, 133 N. Y. 383; People ex rel.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 6, 1908, affirming a judgment in favor of defendant entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The General Tax Law applies to the assessment roll in question. (Mayor, etc., v. Mutual Bank, 20 N. Y. 387; People ex rel. Young v. Willis, 133 N. Y. 383; People ex rel. Haley v. Cahill, 181 N. Y. 403.) The tract is not sufficiently described to enable it to be identified. (Matter of N. Y. C. & H. R.…

1Opinion of the CourtHiscock, J.

This action was brought under section 1638 of the Code of Civil Procedure to determine the question of title to real estate situate in the city of Niagara Falls. The appellant sufficiently alleged and established her original ownership and possession of the premises in controversy, and the respondent sought to establish his title and right to possession under tax sales, and the ultimate and substantial question in the case is whether the lands which were in fact sold and conveyed to respondent upon a tax sale were sufficiently described in the assessment roll on which said sale was founded.

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2Cases cited5 opinions

  1. Riggs v. . PalmerNew York Court of Appeals · 1889
  2. Buffalo Cemetery Assn. v. . City of BuffaloNew York Court of Appeals · 1889
  3. Welstead v. JenningsAppellate Division of the Supreme Court of the State of New York · 1905
  4. In re WoodAppellate Division of the Supreme Court of the State of New York · 1898
  5. Matter of WoodNew York Court of Appeals · 1900

3Cited by22 opinions

  1. Peterson v. . MartinoNew York Court of Appeals · 1914
  2. Tintic Undine Mining Co. v. ErcanbrackUtah Supreme Court · 1938
  3. People Ex Rel. Savory, Inc. v. PlunkettNew York Court of Appeals · 1946
  4. Hunt v. DekinNew York Supreme Court · 1946
  5. Matter of LowNew York Court of Appeals · 1913

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