Bryan v. McGurk
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William W. Bryan, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Saratoga on the 22d day of January, 1909, upon the decision of the court, rendered after a trial before the court without a jury at the Saratoga Trial Term, dismissing the complaint. The action is one to recover the possession of real property.
Read the full summary
Appeal by the plaintiff, William W. Bryan, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Saratoga on the 22d day of January, 1909, upon the decision of the court, rendered after a trial before the court without a jury at the Saratoga Trial Term, dismissing the complaint. The action is one to recover the possession of real property. The plaintiff claimed to be seized in fee and entitled to the possession of the property, and that the defendant was in actual possession thereof, and wrongfully withholding the same from the…
1Opinion of the Court
Chester, J.:
If the Comptroller can expose a person’s land for sale at a tax sale when there is no tax, he can with equal right give a deed of it without the form of a tax sale. If in either case the Legislature can pass an act to validate a title under such a deed it can with *95equal propriety say arbitrarily that the land of one person shall belong to another without the intervention of a conveyance. The mere statement of these facts would ordinarily indicate that such a deed would be absolutely void and such legislation clearly unconstitutional, as an attempt to take property without due…
2Cases cited9 opinions
- People v. . TurnerNew York Court of Appeals · 1889
- Meigs v. . RobertsNew York Court of Appeals · 1900
- Ensign v. . BarseNew York Court of Appeals · 1887
- Joslyn v. . RockwellNew York Court of Appeals · 1891
- Saranac Land & Timber Co. v. RobertsNew York Court of Appeals · 1909
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Crommelin v. FinnNew York Supreme Court · 1927