In re Morse
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, Hazel B. Morse, from an order of the County Court of Dutchess county and from a judgment thereupon, entered in the office of the clerk of the county of Dutchess on the 7th day of November, 1918, dismissing the proceedings herein.
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Appeal by the petitioner, Hazel B. Morse, from an order of the County Court of Dutchess county and from a judgment thereupon, entered in the office of the clerk of the county of Dutchess on the 7th day of November, 1918, dismissing the proceedings herein. Tliis is a summary proceeding to recover possession of real estate sold by the treasurer of Dutchess county for non-payment of taxes and bid in by the county which received a deed from the treasurer and afterwards sold the land to the petitioner’s predecessor in title.
1Opinion of the Court
Jaycox, J.:
Chapter 263 of the Laws of 1883, providing for sales of land for unpaid taxes in the county of Dutchess, was repealed by chapter 908 of the Laws of 1896, being the former Tax Law (Gen. Laws, chap. 24). (Peterson v. Martino, 210 N. Y. 412.) The fact, however, that reference is made to a special act which has been repealed does not vitiate the deed. (Kelly v. Austin, 132 App. Div. 522.) Under the General Tax Law (Consol. Laws, chap. 60; Laws of 1909, chap. 62), in force at the time of the sale, the provisions of article 6, relating to sales by the Comptroller, are made applicable to…
2Cases cited4 opinions
- Peterson v. . MartinoNew York Court of Appeals · 1914
- People v. . LadewNew York Court of Appeals · 1907
- Sanders v. . DownsNew York Court of Appeals · 1894
- Kelly v. AustinAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by3 opinions
- Lee v. FaroneAppellate Division of the Supreme Court of the State of New York · 1941
- People v. DureyNew York Supreme Court · 1926
- Lee v. FaroneAppellate Division of the Supreme Court of the State of New York · 1941