Gabel v. Williams
New York County Courts
This is a summary proceeding for the removal of defendants, pursuant to section 7 of chapter 559 of the Laws of 1902. Petitioners claim to he the owners of the premises in question by reason of having purchased them at a tax sale and by having perfected their title thereto. Defendant Louis Williams is a tenant occupying said premises, and defendant George Scott claims to be a mortgagee in possession.
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This is a summary proceeding for the removal of defendants, pursuant to section 7 of chapter 559 of the Laws of 1902. Petitioners claim to he the owners of the premises in question by reason of having purchased them at a tax sale and by having perfected their title thereto. Defendant Louis Williams is a tenant occupying said premises, and defendant George Scott claims to be a mortgagee in possession. The respective parties have submitted their rights to this court for decision upon the following written stipulation of facts: “ Oneida County Coubt. “ Edwabd Gabel and Helen L. Gabel, "…
1Opinion of the CourtDunmore, J.
The main question involved on this hearing is whether or not the purchaser of the property in question at a tax sale was required to serve a personal notice to redeem upon the occupant in possession of the lands pursuant to section 134 of the Tax Law, or upon the mortgagee of the lands, pursuant to section 138 of the Tax Law. ÜSTo claim is made but that the assessment of the tax and the proceedings leading up to and including the tax sale were regular. But it is asserted on the part of defendants that sections 134 and 138 of the Tax Law are in force and apply to Oneida county and that the…
2Cases cited14 opinions
- Smith v. . the PeopleNew York Court of Appeals · 1872
- Anderson v. . AndersonNew York Court of Appeals · 1889
- People, Ex Rel. Mason v. . McClaveNew York Court of Appeals · 1885
- Mc'Cartee v. Orphan Asylum SocietyCourt for the Trial of Impeachments and Correction of Errors · 1827
- Donaldson v. Wood & WoodCourt for the Trial of Impeachments and Correction of Errors · 1839
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3Cited by3 opinions
- Federal Land Bank v. PickardNew York Supreme Court · 1938
- Peattie v. GabelAppellate Division of the Supreme Court of the State of New York · 1913
- People ex rel. Munger v. BrushNew York Supreme Court · 1906