Kelly v. Austin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Clarence W. Austin and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Madison on the 5th day of September, 1908, upon the decision of the court rendered after a trial at the Madison Special Term.
1Opinion of the Court
Per Curiam :
The theory of the complaint is that the defendant Clarence W. Austin, the owner of the equity of redemption, suffered the: premises upon which the plaintiff’s assignor held a mortgage to he sold for taxes, bid them in, paid the taxes, obtained the tax title in his "father’s name and claims to have extinguished the mortgage, and it seeks to have the tax deed declared void as a fraud upon his rights. The court did not pass upon that question, but from the findings and the memorandum indorsed upon the briefs it is evident that the decision was based upon the theory that the tax sale…
2Cases cited4 opinions
- Matter of Torge v. . Vil. of SalamancaNew York Court of Appeals · 1903
- Matter of Troy Press Co.New York Court of Appeals · 1907
- In re the Sale & Conveyance of a Lot & Shop on the East Side of Broad Street in LestershireAppellate Division of the Supreme Court of the State of New York · 1908
- Scott v. International Paper Co.Appellate Division of the Supreme Court of the State of New York · 1908
3Cited by2 opinions
- Peterson v. . MartinoNew York Court of Appeals · 1914
- In re MorseAppellate Division of the Supreme Court of the State of New York · 1919