Smith v. Mayor of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of I7ew York, affirming a judgment in favor of plaintiff, entered upon an order overruling a demurrer to the complaint. This action was brought to vacate and set aside certain assessments and taxes as a cloud upon plaintiff’s title.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of I7ew York, affirming a judgment in favor of plaintiff, entered upon an order overruling a demurrer to the complaint. This action was brought to vacate and set aside certain assessments and taxes as a cloud upon plaintiff’s title. The facts alleged in the complaint were, in substance, as follows: In 1852, the defendant granted to William and Milton G. Smith certain land under water, in 27ew York harbor, including the southerly half of Stanton street, saving and reserving so much thereof as…
1Opinion of the CourtEarl, J.
It is difficult to perceive how, upon any theory, the plaintiff can maintain this action. He seeks to have certain assessments and taxes declared illegal and void on the ground that they are a cloud upon his title. Our attention has been called to no ease where such an action has been maintained to remove a cloud upon any title except that to real estate, and yet he claims that his pier is not real estate. If it is real estate, it is conceded that the taxes have been legally imposed. If it is not real estate, then there is no precedent in this State for the maintenance of the action. (Ward v.…
2Cases cited5 opinions
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
- People Ex Rel. Dunkirk & Fredonia Railroad v. CassityNew York Court of Appeals · 1871
- Ward v. . DeweyNew York Court of Appeals · 1858
- People Ex Rel. Buffalo & State Line Railroad v. BarkerNew York Court of Appeals · 1871
- Taylor v. . Atlantic Mutual Insurance Co.New York Court of Appeals · 1867
3Cited by46 opinions
- Langdon v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- Tax Lien Co. v. . SchultzeNew York Court of Appeals · 1914
- Madden v. Queens County Jockey Club, Inc.New York Court of Appeals · 1947
- Northern Pacific Ry. Co. v. MjeldeMontana Supreme Court · 1913
- Hayes v. GibbsUtah Supreme Court · 1946
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