Doonan v. . Killilea
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 28, 1915, affirming a judgment in favor of plaintiffs entered upon an order of Special Term overruling a demurrer to the complaint and directing judgment for the relief demanded therein.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 28, 1915, affirming a judgment in favor of plaintiffs entered upon an order of Special Term overruling a demurrer to the complaint and directing judgment for the relief demanded therein. The nature of the action and the facts, so far as material, are stated in the opinion The assessment in question did not become a lien, charge or incumbrance until after the delivery of the deed. (Real Estate Corporation v. Harper, 174 N. Y. 123.) At the time of the conveyance the premises…
1Opinion of the CourtCuddeback, J.
By the complaint, which was sustained on demurrer, the plaintiffs seek to recover for the breach of a covenant against incumbrances contained in a deed made and delivered to them by the defendants. Prior to the time of the delivery of the deed proceedings had been instituted by the city of New York to acquire title to a street opened in the neighborhood of the land conveyed, which resulted, among other things, in the assessment complained of on the lands described in the deed. The assessment was confirmed by an order of the court on December 16, 1912. It was entered as required by the city…
2Cases cited3 opinions
- Lathers v. . KeoghNew York Court of Appeals · 1888
- De Peyster v. . MurphyNew York Court of Appeals · 1876
- Real Estate Corporation v. . HarperNew York Court of Appeals · 1903
3Cited by7 opinions
- Metropolitan Life Insurance v. Union Trust Co.New York Court of Appeals · 1940
- Edwards v. St. Paul Title Ins. Co.Colorado Court of Appeals · 1977
- Luboff v. Security Title & Guaranty Co.New York Supreme Court · 1965
- Metropolitan Life Insurance v. Union Trust Co.New York Supreme Court · 1938
- In re the Estate of MeadNew York Surrogate's Court · 1928
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