Legal Opinion

Sanders v. Leavey

New York Supreme Court

Decided November 3, 1862PublishedCited by 1 opinion

THIS was an appeal from the decision of a referee in an action of ejectment, brought by the appellant to recover from the respondent the possession of a lot of ground, situated on the northerly side of 29th street, 125 feet easterly from Lexington avenue, in the city of New York. It was admitted on the trial that the lot in question was, on the 31st day of March, 1842, in the possession of Asa Bigelow, jun. as owner in fee.

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THIS was an appeal from the decision of a referee in an action of ejectment, brought by the appellant to recover from the respondent the possession of a lot of ground, situated on the northerly side of 29th street, 125 feet easterly from Lexington avenue, in the city of New York. It was admitted on the trial that the lot in question was, on the 31st day of March, 1842, in the possession of Asa Bigelow, jun. as owner in fee. On that day a judgment for $7004.08, recovered in the supreme court against said Asa Bigelow, jun. in favor of J ames Gr. King and others, was docketed in the office of…

1Opinion of the Court

By the Court, Ingraham, P. J.

The question submitted to us in this case arises upon a sale by the corporation of the property of the plaintiff for non-payment of an assessment. Objections were taken before the referee, and were urged upon the court on this appeal, to the proceedings taken prior to the sale, as not being in conformity to the statute, and therefore as being void and giving no title. Before examining them separately, it may be well first to ascertain to what extent such errors are fatal to the proceedings, and when they are cured by the lease given after the sale.

By the act of…

2Cases cited5 opinions

  1. Striker v. KellyNew York Supreme Court · 1845
  2. Whitney v. . ThomasNew York Court of Appeals · 1861
  3. Jackson, ex rel, Watson v. EstyNew York Supreme Court · 1831
  4. Doughty v. HopeNew York Court of Appeals · 1848
  5. Bush v. DavisonNew York Supreme Court · 1837

3Cited by1 opinion

  1. Moore v. EastmanNew York Supreme Court · 1874

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