Sanders v. . Downs
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 13, 1887, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 13, 1887, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to perpetually enjoin defendant from entering upon and cutting and removing lumber from or in any way interfering with certain lands in the town of River-head, in the county of Suffolk, and that defendant be adjudged to surrender a deed of said premises issued to him by the county treasurer upon a sale thereof for…
1Opinion of the CourtO’Brien, J.
The plaintiff in this .case sought relief against a sale of his land for taxes. The defendant purchased the land at the sale and received a conveyance from the county treasurer pursuant to chapter 620 of the Laws of 1873. The form of the action was to set aside the deed as a cloud upon the plaintiff’s title, and as the deed is, by the ninth section of the statute, made conclusive evidence that the sale was regular, and presumptive evidence that all prior proceedings were regular according to the provisions of the act, an equitable action will lie if the proceedings are in fact void. (Dederer…
2Cases cited1 opinion
- Stewart v. . CryslerNew York Court of Appeals · 1885
3Cited by23 opinions
- Clason v. . BaldwinNew York Court of Appeals · 1897
- Queens County Water Co. v. MonroeAppellate Division of the Supreme Court of the State of New York · 1903
- Clark v. KirklandAppellate Division of the Supreme Court of the State of New York · 1909
- People ex rel. National Park Bank v. MetzAppellate Division of the Supreme Court of the State of New York · 1910
- Clark v. KirklandNew York Supreme Court · 1908
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