Legal Opinion

O'Donnell v. McIntyre

New York Supreme Court

Decided October 15, 1885Published

Appeal by the defendant from a judgment, entered on the report of a referee. The action is to remove an alleged cloud upon the title to land, created by a deed made by the treasurer of Monroe county to the defendant, pursuant to a sale for unpaid taxes. The conclusion of the referee was that the deed was void. The plaintiff recovered judgment.

1Opinion of the Court

BRADLEY, J.:

The premises consist of a house and lot in the Eleventh ward of the city of Rochester. The assessment was made and the tax levied in 1879, on which was founded the sale of the property. And the question is, whether the jwoceedings by which the tax was levied were a substantial compliance with the statute on the subject, and such as to support the sale and deed of conveyance under which the defendant claims title. The assessors of the city make the assessment of the property within it for the action of the board of supervisors of the county of Monroe in the levy of general taxes.…

2Cases cited9 opinions

  1. Mygatt v. . WashburnNew York Court of Appeals · 1857
  2. Westfall v. . PrestonNew York Court of Appeals · 1872
  3. Van Rensselaer v. . WitbeckNew York Court of Appeals · 1852
  4. Newell v. . WheelerNew York Court of Appeals · 1872
  5. Parish v. . GoldenNew York Court of Appeals · 1866

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