Marsh v. City of Brooklyn
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiffs, entered upon the decision of the court at Special Term. (Reported below, 2 Hun, 142; 4 N. Y. S. C. [T. & C.], 413.) This action was brought to set aside an assessment upon certain premises in the city of Brooklyn, for grading and paving Franklin avenue in said city, as a cloud upon plaintiffs’ title.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiffs, entered upon the decision of the court at Special Term. (Reported below, 2 Hun, 142; 4 N. Y. S. C. [T. & C.], 413.) This action was brought to set aside an assessment upon certain premises in the city of Brooklyn, for grading and paving Franklin avenue in said city, as a cloud upon plaintiffs’ title. Upon the trial the plaintiffs proved that they were invested, as executrix and executor respectively of the last will of Leonard Marsh, deceased, with the…
1Opinion of the CourtFolger, J.
The plaintiffs were, for the purposes of this action, holders of the legal title to. the premises involved herein. There had been laid upon the premises an assessment for a municipal purpose, which had been confirmed, and had become an apparent lien thereon. (Laws of 1854, chap. 384, p. 868, § 21.) At the time of laying on this assessment, the premises were unoccupied. Hence, the assessment could not be made upon any one as occupant, and was made, as it must be, against some one as owner. (Newell v. Wheeler, 48 N. Y., 486.) It so chanced that the owner named wras not the plaintiffs, nor…
2Cases cited7 opinions
- Rathbone v. . HooneyNew York Court of Appeals · 1874
- Scott v. . OnderdonkNew York Court of Appeals · 1856
- Ward v. . DeweyNew York Court of Appeals · 1858
- Crooke v. . AndrewsNew York Court of Appeals · 1869
- Newell v. . WheelerNew York Court of Appeals · 1872
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