People ex rel. Sheridan v. Andrews
New York Court of Appeals
■ Appeal from judgment of General Term in the second judicial department, reversing a judgment.of a justice of the peace, in summary proceedings instituted by the grantee of a tax title in the city of Brooklyn, and restoring the relator to the possession of the premises. .. The proceedings were brought up for review by writ of certiorari issued upon the application of relator, who was the owner of the premises in question at the time the tax was levied.
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■ Appeal from judgment of General Term in the second judicial department, reversing a judgment.of a justice of the peace, in summary proceedings instituted by the grantee of a tax title in the city of Brooklyn, and restoring the relator to the possession of the premises. .. The proceedings were brought up for review by writ of certiorari issued upon the application of relator, who was the owner of the premises in question at the time the tax was levied. The proceedings were instituted against Patrick Ring, who was in the possession of the premises as tenant of relator. The affidavit upon…
1Opinion of the CourtAndrews, J.
The magistrate never acquired jurisdiction in the proceedings for the dispossession of Bing, the occupant of the premises claimed by the defendant.
The defendant, as grantee of the tax title, was authorized to institute summary proceedings to recover possession *447against any person holding in hostility to that title. (Laws 1854, chap. 384, tit. 5, § 33.)
The language of the statute is, that the grantee shall be entitled, “ as against all persons whomsoever, to the possession ■of the premises.”
The affidavit presented to the magistrate states that Eing was in possession of the premises, and had…
2Cases cited3 opinions
- People ex rel. Church v. Supervisors of AlleganyNew York Supreme Court · 1836
- Ex parte WestonMassachusetts Supreme Judicial Court · 1814
- Hallenbeck & Miller v. GarnerNew York Supreme Court · 1838
3Cited by1 opinion
- President of the Montgomery County Bank v. Albany City BankNew York Court of Appeals · 1852