Westbrook v. . Willey
New York Court of Appeals
Appeal from judgment of the General Term • of the Supreme Court, in the third department, affirming judgment for plaintiffs entered upon a verdict. This is an action of ejectment for the recovery of a piece of land in Sullivan county. The plaintiffs proved a prima facie title to the premises, and rested.
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Appeal from judgment of the General Term • of the Supreme Court, in the third department, affirming judgment for plaintiffs entered upon a verdict. This is an action of ejectment for the recovery of a piece of land in Sullivan county. The plaintiffs proved a prima facie title to the premises, and rested. The defendant then introduced a deed from the comptroller of this State, dated in 1828, given upon a sale by the State in 1824 for the non-payment of taxes, and regular conveyances thereunder to him in the year 1846, and possession thereunder by him from 1846 up to 1858, the time of the…
1Opinion of the CourtPeckham, J.
The first, and perhaps the only, question in this case is, whether the provision in the act of 1823, requiring the comptroller to publish notices stating when the time for the redemption of lands sold for taxes will expire, is peremptory or merely directory.
The statute, after providing for the sale by the comptroller, and the giving of a certificate thereof to the purchaser, declares that, if no person shall pay the sum stated in the certificate within two years from the last day of the sale, the comptroller shall, at the expiration of said two years, execute a conveyance of such land so…
2Cases cited5 opinions
- In Re the Petition of George DouglassNew York Court of Appeals · 1871
- Cruger v. . DoughertyNew York Court of Appeals · 1870
- Doughty v. HopeNew York Court of Appeals · 1848
- Blossom v. CannonMassachusetts Supreme Judicial Court · 1817
- In re DouglassNew York Supreme Court · 1870
3Cited by10 opinions
- Gaston v. MerriamSupreme Court of Minnesota · 1885
- City of New Rochelle v. Echo Bay Waterfront Corp.Appellate Division of the Supreme Court of the State of New York · 1944
- People v. . HagadornNew York Court of Appeals · 1887
- Telfener v. DillardTexas Supreme Court · 1888
- Colman v. . ShattuckNew York Court of Appeals · 1875
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