Legal Opinion

City of Rochester v. Rochester Railway Co.

New York Court of Appeals

Decided January 15, 1907Published

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 14, 1905, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at an Equity-Term. The nature of the action and the facts, so far as material, are stated in the opinion.

1Opinion of the CourtEdward T. Bartlett, J.

This action is brought to foreclose the equity of redemption of defendant railway company in a certain lot of land .sold by plaintiff, the City of Rochester, on a tax sale by the city treasurer, the municipality having bid in the property.

In the year 1897 a tax for general city purposes, amounting to $2.78, was assessed upon the property in question. This appeal involves the construction of certain provisions of the old charter of the city of Rochester read in connection with the so-called curative statute relating to taxes in said city. (Laws of 1903, Chap. 522.)

The complaint sets forth in…

2Cases cited1 opinion

  1. City of Rochester v. Fourteenth Ward Co-Operative Building Lot Ass'nNew York Court of Appeals · 1905

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