Peterson v. . Martino
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 14, 1912, affirming a judgment in favor of plaintiffs entered upon a decision of the court at a Trial Term, a jury, having been waived. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 14, 1912, affirming a judgment in favor of plaintiffs entered upon a decision of the court at a Trial Term, a jury, having been waived. The nature of the action and the facts, so far as material, are stated in the opinion. The action could not be maintained because defendant at the time it was commenced had possession under a tax deed which had become conclusive and is no longer open to question by any former owner of the property. (Cone v. Lauer, 131 App. Div. 193; Shea v.…
1Opinion of the CourtCardozo, J.
The action is brought to recover possession of land in Suffolk county. The defendant claims title by reason of a sale for taxes. The conveyance by the county treasurer pursuant to that sale .was made in November, 1904, and recorded in January, 1905. The plaintiffs had no knowledge of the sale till about October, 1909. Indeed, the finding is that in November, 1906, they asked the county treasurer to search for any taxes or tax sales affecting their land, and received an official certificate that no such sale had been made. When at last they learned the truth they contested the validity of the…
2Cases cited26 opinions
- The People v. . JaehneNew York Court of Appeals · 1886
- Meigs v. . RobertsNew York Court of Appeals · 1900
- Davis v. . Supreme Lodge, Knights of HonorNew York Court of Appeals · 1900
- People Ex Rel. Fleming v. . DaltonNew York Court of Appeals · 1899
- In Re the Appraisal, Under the Transfer Tax Act, of the Estate of HuntingtonNew York Court of Appeals · 1901
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3Cited by56 opinions
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- Cimo v. State of New YorkNew York Court of Appeals · 1953
- Alweis v. EvansNew York Court of Appeals · 1987
- Matter of Hirshfield v. . CookNew York Court of Appeals · 1919
- Matter of Better World Real Estate Group v. New York City Dept. of Fin.Appellate Division of the Supreme Court of the State of New York · 2014
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