Stebbins v. Kay
New York Supreme Court
Appeal from circuit court, Kings county. Ejectment by Jean R. Stebbins and John C. Winslow against James ICay, Patrick R. Gains, and John Given. Plaintiffs claimed the land by virtue of a tax-deed, having purchased the land at "a sale for non-payment of an assessment for opening and constructing Gravesend avenue, in the town of Graves-end, Kings county. Trial by the court without a jury, and judgment for plaintiffs.
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Appeal from circuit court, Kings county. Ejectment by Jean R. Stebbins and John C. Winslow against James ICay, Patrick R. Gains, and John Given. Plaintiffs claimed the land by virtue of a tax-deed, having purchased the land at "a sale for non-payment of an assessment for opening and constructing Gravesend avenue, in the town of Graves-end, Kings county. Trial by the court without a jury, and judgment for plaintiffs. Defendants elected to take a new trial under Code Civil Proe. X. Y. § 1525, on payment of costs, and judgment was again entered for plaintiffs. Defendants appeal.
1Opinion of the CourtBarnard, P. J.
The legislature, by chapter 531, Laws 1873, laid out Gravesend avenue. This act was amended by chapter 264, Law's 1874. A district of assessment was provided for, upon notice to all persons interested, and proceedings were instituted to the end that the land-owner should be paid for the land taken. Section 12. So far the law seems to be without valid objection, under the case of Stuart v. Palmer, 74 N. Y. 183. The Graves-end act then provides for the improvement of the avenue after the report upon the opening is confirmed,-and directs that the expenses be apportioned upon the district of…
Also in this document: Concurrence.
2Cases cited8 opinions
- Stuart v. . PalmerNew York Court of Appeals · 1878
- People Ex Rel. Griffin v. Mayor of BrooklynNew York Court of Appeals · 1851
- Genet v. . City of BrooklynNew York Court of Appeals · 1885
- Gordon v. . CornesNew York Court of Appeals · 1872
- In the Matter of Van AntwerpNew York Court of Appeals · 1874
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