Legal Opinion

Colman v. . Shattuck

New York Court of Appeals

Decided June 25, 1875PublishedCited by 17 opinions

Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendants, entered on a decision of the court at Special Term. (Reported below, 2 Hun, 497 ; 5 T. & 0., 34.) This action was brought to have a deed executed by the State comptroller, upon a sale of certain premises for unpaid taxes, declared void, as a cloud on plaintiff’s title, and to compel defendants to release, etc.

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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendants, entered on a decision of the court at Special Term. (Reported below, 2 Hun, 497 ; 5 T. & 0., 34.) This action was brought to have a deed executed by the State comptroller, upon a sale of certain premises for unpaid taxes, declared void, as a cloud on plaintiff’s title, and to compel defendants to release, etc. The premises in question are situated in the town of Port-ville, Cattaraugus county, being lot fifty-four, township one, third range of the…

1Opinion of the CourtMiller, J.

The action was brought to procure a decree declaring void a deed executed by the comptroller of the State to one Marsh on the 19th day of December, 1868, upon a sale of a lot of land for unpaid taxes, and to require the defendants, who claim title under said Marsh, to convey the premises to the plaintiff. Various' objections are urged to the title of the defendants, all of which relate to the regularity of the proceedings by virtue’ of which the land was sold for taxes, and conveyed by the comptroller. By law (S. L. of 1855, ch. 427, § 65), the comptroller’s deed for land sold for taxes is…

2Cases cited3 opinions

  1. Overing v. . FooteNew York Court of Appeals · 1871
  2. Westbrook v. . WilleyNew York Court of Appeals · 1872
  3. Dike v. LewisNew York Supreme Court · 1848

3Cited by17 opinions

  1. Shattuck v. . BascomNew York Court of Appeals · 1887
  2. London & Northwest American Mortgage Co. v. GibsonSupreme Court of Minnesota · 1899
  3. People ex rel. National Park Bank v. MetzAppellate Division of the Supreme Court of the State of New York · 1910
  4. Sheldon v. RussellNew York Supreme Court · 1915
  5. Brown v. . GoodwinNew York Court of Appeals · 1878

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