Cottle v. Cary
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Erie county. Action by Octavius O. Cottle and another, executors of John J. P. Read, deceased, against Walter Cary and another. From judgment for plaintiffs (70 N. Y. Supp. 129), defendants appeal.
1Opinion of the CourtSpring, J.
This action was brought by the plaintiffs, as the owners in fee of the lands described in the complaint, to set aside certain tax deeds and tax certificates. Upon a prior appeal (61 App. Div. 66, 70 N. Y. Supp. 129), and where the facts are fully stated, a new trial was granted because the record did not show that the land was occupied when it was assessed, but, “so far as appears, the property was all the years vacant and unoccupied, and the owners were nonresidents,” and, if such were the facts, the assessments were valid. The case comes to us after another trial without the evidence, but…
2Cases cited9 opinions
- Newman v. . Supervisors of Livingston Co.New York Court of Appeals · 1871
- Whitney v. . ThomasNew York Court of Appeals · 1861
- Stebbins v. . KayNew York Court of Appeals · 1890
- Zink v. . McManusNew York Court of Appeals · 1890
- Newell v. . WheelerNew York Court of Appeals · 1872
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3Cited by1 opinion
- Nickey v. State Ex Rel. Attorney-GeneralMississippi Supreme Court · 1933