Allen v. . Commissioners of the Land-Office
New York Court of Appeals
Appeal by the Defendants from a judgment rendered at General Term, in the Eighth District, affirming a judgment recovered by the Plaintiff at the Special Term, on demurrer to the complaint. The action was brought to restrain the Defendants by injunction from proceeding either by action or by warrant under the statute to remove the Plaintiff from the possession of lot number six, Grand Island, in the Niagara river.
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Appeal by the Defendants from a judgment rendered at General Term, in the Eighth District, affirming a judgment recovered by the Plaintiff at the Special Term, on demurrer to the complaint. The action was brought to restrain the Defendants by injunction from proceeding either by action or by warrant under the statute to remove the Plaintiff from the possession of lot number six, Grand Island, in the Niagara river. It was set forth in the complaint that on the 3d of June, 1825, the lot was sold by the State to Samuel Leggett, for $1,250, on which $151 was paid, and a certificate was then…
1Opinion of the Court
Hunt, Ch.J.
The point “ that it was the duty of the Commis-
sioners to give to the occupant a notice to remove from the land at the time they directed a resale of the premises, and that their omission to do so was fatal to the title derived from the resale, has been recently passed upon in this Court. In Candee v. Hayward (37 N. Y. 653), the precise point was presented and was overruled. In giving the decision, Judge Grover uses the language following: “Section sixty-five provides that whenever the Commissioners direct a resale pursuant to the Act, they shall cause notice to be given to every…
2Cases cited3 opinions
- Ryan v. . New York Central RailroadNew York Court of Appeals · 1866
- Doughty v. HopeNew York Court of Appeals · 1848
- Candee v. . HaywardNew York Court of Appeals · 1868
3Cited by6 opinions
- People Ex Rel. Burnham v. . JonesNew York Court of Appeals · 1888
- Groton Bridge & Manufacturing Co. v. American Bridge Co.U.S. Circuit Court for the District of Northern New York · 1905
- In re CaffreyAppellate Division of the Supreme Court of the State of New York · 1900
- Flessas v. Marine National Exchange Bank of MilwaukeeWisconsin Supreme Court · 1959
- Gifford v. WhittemoreAppellate Division of the Supreme Court of the State of New York · 1957
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