Colman v. Shattuck
New York Supreme Court
Appeal from a judgment rendered at Special Term dismissing' the complaint with costs. The facts are stated in the following opinion of Lamont, J., delivered at Special Term. No presumption exists in favor of the regularity of the proceedings of public officers except such as is created by statute.
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Appeal from a judgment rendered at Special Term dismissing' the complaint with costs. The facts are stated in the following opinion of Lamont, J., delivered at Special Term. No presumption exists in favor of the regularity of the proceedings of public officers except such as is created by statute. (Jackson v. Shepard, 7 Cow., 88; Bunner v. Eastman, 50 Barb., 639; Varick v. Tallman, 2 id., 113; Striker v. Kelly, 2 Den., 323; Beeknan v. Bingham, 5 N. Y., 366.) Every preliminary, having even the semblance of benefit or protection to the property-holder, must be complied with. (Rea v. M’Eachron,…
1Opinion of the Court
Lamont, J.:
The object of this action is to obtain a judgment, declaring void defendants’ title to real estate derived from a sale and conveyance made by the comptroller for non-payment of taxes, as a cloud on plaintiff’s title, and to compel defendants to release, etc.
The land is lot fifty-four, in township one, range three of the Holland Land Company’s lands (so called), situated in the town of Portville, Cattaraugus county, plaintiff’s title to which is traced through divers mesne conveyances from the Holland company, the first deed being dated in 1835. Defendants’ title rests upon a deed…
2Cases cited18 opinions
- The People Ex Rel. v. . NostrandNew York Court of Appeals · 1871
- Jackson ex dem. Cook v. ShepardNew York Supreme Court · 1827
- Westfall v. . PrestonNew York Court of Appeals · 1872
- Striker v. KellyNew York Supreme Court · 1845
- Atkins v. KinnanNew York Supreme Court · 1838
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