Levy v. . Newman
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme-Court in the second judicial department, entered upon an order made November 12,1888, which affirmed a judgment in favor of plaintiffs entered on the decision of the court on trial at Circuit, without a jury. The nature of the action and the facts, so far as material, are-stated in the opinion.
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Appeal from judgment of the General Term of the Supreme-Court in the second judicial department, entered upon an order made November 12,1888, which affirmed a judgment in favor of plaintiffs entered on the decision of the court on trial at Circuit, without a jury. The nature of the action and the facts, so far as material, are-stated in the opinion. Notwithstanding the statute apparently fully legislated upon the subject of tax sales,, the absence of any provision for service upon infants and the manner in which they might be .treated and what protection they should have, clearly shows that…
1Opinion of the Court
Follett, Ch. J.
This action was brought to recover the purchase-price of land, which September 1, 1887, the plaintiffs contracted to sell and the defendant to buy, by an executory contract to be performed October 17,1887. The defense interposed is that the plaintiffs were unable to convey a perfect title. February 3, 1886, the registrar of arrears of the city of Brooklyn sold the lot in question to David J. Eisner (from whom the plaintiffs, through mesne conveyances, derived their title) for unpaid taxes, pursuant to chapter 114 of the Laws of 1883. At this time, three infants owned…
2Cases cited4 opinions
- Bucklin v. FordNew York Supreme Court · 1849
- Howell v. HairSupreme Court of Alabama · 1849
- United States v. MaillardDistrict Court, S.D. New York · 1871
- Smith v. MaconSupreme Court of Arkansas · 1859
3Cited by24 opinions
- City of New Rochelle v. Echo Bay Waterfront Corp.Appellate Division of the Supreme Court of the State of New York · 1944
- City of Newark v. YeskelSupreme Court of New Jersey · 1950
- Johnson v. SmithNew York Court of Appeals · 1948
- White Pine Manufacturing Co. v. MoreyIdaho Supreme Court · 1910
- United States v. Certain LandsCourt of Appeals for the Second Circuit · 1942
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