Culnane v. Dixon
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Margaret Culnane, from a judgment of the Supreme Court in favor of the defendant, Andrew J. Dixon, entered in the office of the clerk of the county of Steuben on the 1st day of December, 1904, upon the decision of the court, rendered after a trial at the Steuben Special Term, dismissing the complaint upon the merits.
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Appeal by the plaintiff, Margaret Culnane, from a judgment of the Supreme Court in favor of the defendant, Andrew J. Dixon, entered in the office of the clerk of the county of Steuben on the 1st day of December, 1904, upon the decision of the court, rendered after a trial at the Steuben Special Term, dismissing the complaint upon the merits. The defendant holds the title and possession of certain real estate situate in the town of Corning, Steuben, county, through various mesne conveyances-from the county treasurer of said county. Said official, in December, 1899, duly advertised and sold…
1Opinion of the Court
Hiscock, J.:
It seems to us that plaintiff has failed to establish the facts necessary as a basis for her action.. . The tax deed under which defendant claims at the date of commencement of this action was made conclusive evidence that the sale and all proceedings prior thereto from and including the assessment were regular and in accordance with the provisions of law. (Tax Law [Laws of 1896, chap. 908], § 131, as amd. by Laws of 1898, chap. 339, and Laws of 1902, chap. 344.)
While it may be assumed that this would not bar plaintiff from asserting some jurisdictional defect, there can be no…
2Cases cited1 opinion
- City of New York v. . MatthewsNew York Court of Appeals · 1904
3Cited by1 opinion
- Aversano v. NealAppellate Division of the Supreme Court of the State of New York · 1987