Hickox v. Tallman & Williams
New York Supreme Court
THIS was an appeal from a judgment entered on the report of a referee. The action was on a covenant of warranty and for quiet enjoyment, contained in a deed given by the defendants to the plaintiff, bearing date December 1,1849. The eviction complained of was under a comptroller’s deed, given pursuant to the statute, on a sale of a portion of the premises conveyed to the plaintiff as aforesaid, for unpaid taxes, to one Olcott, bearing date the 22d February, 1851. Olcott…
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THIS was an appeal from a judgment entered on the report of a referee. The action was on a covenant of warranty and for quiet enjoyment, contained in a deed given by the defendants to the plaintiff, bearing date December 1,1849. The eviction complained of was under a comptroller’s deed, given pursuant to the statute, on a sale of a portion of the premises conveyed to the plaintiff as aforesaid, for unpaid taxes, to one Olcott, bearing date the 22d February, 1851. Olcott conveyed to one Steele, who entered and took possession of the portion of the premises sold by the comptroller. The sale hy…
1Opinion of the Court
By the Court, Mullin, J.
The deed under which the plaintiff claims title is dated 1st December, 1849, and was recorded the 22d March, 1855. The deed under which the person claiming title to the portion of the land described in the plaintiff’s deed, and from which the plaintiff claims to have been ousted, is dated 22d February, 1851, from the comptroller to Olcott," on a sale for unpaid taxes. The plaintiff insisted, before the referee, that the deed from the comptroller was prima facie evidence that the comptroller had power to sell, and of the regularity of the sale. The referee held and…
2Cases cited1 opinion
- Jackson ex dem. Yates v. HowNew York Supreme Court · 1821
3Cited by7 opinions
- People v. . TurnerNew York Court of Appeals · 1889
- Howard v. . MootNew York Court of Appeals · 1876
- Blackwood v. Van VleitMichigan Supreme Court · 1874
- State v. BuckSupreme Court of Missouri · 1894
- Blakemore v. CooperNorth Dakota Supreme Court · 1905
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