Erschler v. Lennox
Appellate Division of the Supreme Court of the State of New York
Appeal from Chemung county court. Proceedings by Abraham Erschler against Lucy Lennox and Marshall Dunham to obtain possession of property under a tax deed. A final order of the city court of Elmira, dismissing the petition, was affirmed on appeal by the county court, and plaintiff appeals.
1Opinion of the CourtPutnam, J.
The authority of the common council of the city of Elmira to sell the premises of the defendant Lucy Lennox for taxes at the time in question was derived entirely from the statute. It is a familiar principle that “every statute in derogation of the rights of property, or that takes away the estate of a citizen, ought to be construed strictly.” Sharp v. Speir, 4 Hill, 76. “Where lands are taken under a statute authority, in derogation of the common law, every requisite of the statute having the semblance of benefit to the owner must be strictly complied with.” Sharp v. Johnson, Id. 92. It has…
2Cases cited9 opinions
- Zink v. . McManusNew York Court of Appeals · 1890
- Tallman v. . WhiteNew York Court of Appeals · 1848
- Sanders v. . DownsNew York Court of Appeals · 1894
- Aikman v. . HarsellNew York Court of Appeals · 1885
- May v. . TraphagenNew York Court of Appeals · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Gehrhardt v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1905