Toole v. Board of Supervisors
New York Supreme Court
Action to cancel an assessment of taxes upon lands owned by' the plaintiffs and to set aside a tax sale thereof as a cloud upon title.- The plaintiff, Garrett Toole, while serving as a soldier of the United States in-- the war of the- Rebellion, contracted a disease which so far disabled him that, in 1885, he was allowed a pension, to commence from the 20th of ¡November, 1862. Upon the allowance of his pension, the first payment received amounted to $900, which he at once…
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Action to cancel an assessment of taxes upon lands owned by' the plaintiffs and to set aside a tax sale thereof as a cloud upon title.- The plaintiff, Garrett Toole, while serving as a soldier of the United States in-- the war of the- Rebellion, contracted a disease which so far disabled him that, in 1885, he was allowed a pension, to commence from the 20th of ¡November, 1862. Upon the allowance of his pension, the first payment received amounted to $900, which he at once invested in the house and lot in question. The purchase price was $1,100, and the balance of $200, with interest, he paid…
1Opinion of the CourtVann, J.
Both the national arid state legislatures have been careful to protect soldiers in the enjoyment,' riot' only of their pension money, hut 'also of such property, bought with pension money, as can be clearly and definitely traced to- that source. The federal statute upon the subject is as follows:, “Ho sum of money due or to become due to any pensioner shall be liable to attachment; levy or séizure by or' under any legal ór equitable process whatever, whether the same remains with the pension office or any officer or agent thereof, or is in course of transmission to the pensioner entitled…
2Cases cited2 opinions
- Bertles v. . NunanNew York Court of Appeals · 1883
- Yates County National Bank v. CarpenterNew York Court of Appeals · 1890
3Cited by3 opinions
- Van Hise v. Board of Supervisors, New York County Courts1897
- Toole v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1897
- Strong v. WaltonAppellate Division of the Supreme Court of the State of New York · 1900