Linden v. Graham
New York Supreme Court
THE complaint in this case alleged that the plaintiff was the owner, by lawful title in fee and in possession, of certain premises therein described, subject to the dower right of the defendant; that the defendant is the widow of William Graham, deceased, who, at the time of his death, was the owner of two lots of land on the southeasterly corner of the Eighth avenue and Thirty-fifth street in the city of Hew-York, being in front on the Eighth avenue forty-eight feet four…
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THE complaint in this case alleged that the plaintiff was the owner, by lawful title in fee and in possession, of certain premises therein described, subject to the dower right of the defendant; that the defendant is the widow of William Graham, deceased, who, at the time of his death, was the owner of two lots of land on the southeasterly corner of the Eighth avenue and Thirty-fifth street in the city of Hew-York, being in front on the Eighth avenue forty-eight feet four and one-half inches, and on Thirty-fifth street seventy-seven feet and four inches; that the heirs of said Graham conveyed…
1Opinion of the Court
By the Court.
This action could be maintained under the act of 1855, to provide for the due apportionment of taxes and assessments, and for the sale of real estate to pay the same, (Laws of 1855, ch. 327;) or it might have been maintained in equity, under the old system of practice.
The complaint shows a state of facts entitling the plaintiff to the relief demanded, so far as relates to the apportionment of the taxes, and that the defendant pay her proportion thereof.
The judgment must be reversed, and a new trial ordered; costs to abide the event.
Clerke, Ingraham and Suther land, Justices.]
2Cited by2 opinions
- Lester v. SeilliereAppellate Division of the Supreme Court of the State of New York · 1900
- Rea v. ReaMichigan Supreme Court · 1886