Zink v. . McManus
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made October 2, 1888, which reversed a judgment in favor of defendants entered upon a verdict directed by the court and granted a new trial. The nature of the action and the material facts are stated in the opinion. Plaintiff’s action is barred by the statute. (Laws of 1880, chap. 275, § 10.) The tax was properly assessed and to the proper person.
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Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made October 2, 1888, which reversed a judgment in favor of defendants entered upon a verdict directed by the court and granted a new trial. The nature of the action and the material facts are stated in the opinion. Plaintiff’s action is barred by the statute. (Laws of 1880, chap. 275, § 10.) The tax was properly assessed and to the proper person. (Laws of 1870, chap. 519, § 40 ; Stewart v. Fonda, 19 Hun, 197; M. & T. Bank v. Hazard, 30 N. Y. 226 ; Cooley on Tax. 360, 818; 1 Desty on Tax. 554, 555 ;…
1Opinion of the CourtO’Brien, J.
This is an action of ejectment brought to recover certain lands in the city of Buffalo. The plaintiff proved title to the premises described in the complaint under a deed executed to him in 1874, by the owners of the lands, and this entitled him to recover, unless his title was subsequently divested by proceedings for the sale of the lands for taxes.
The defendant claimed to have obtained title under a deed from the comptroller of the city of Buffalo, dated May 25, 1886, which recites that in 1883, the land was assessed for taxes which remained unpaid, and that proceedings were instituted…
2Cases cited3 opinions
- Tallman v. . WhiteNew York Court of Appeals · 1848
- Matter of N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1877
- Dike v. LewisNew York Supreme Court · 1847
3Cited by27 opinions
- People Ex Rel. Buffalo Burial Park Ass'n v. StilwellNew York Court of Appeals · 1907
- Goff v. ShultisNew York Court of Appeals · 1970
- Collier v. GoesslingCourt of Appeals for the Sixth Circuit · 1908
- Electrolytic Copper Co. v. Rambler Consol. Mines Corp.Wyoming Supreme Court · 1926
- People ex rel. National Park Bank v. MetzAppellate Division of the Supreme Court of the State of New York · 1910
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