Overing v. . Foote
New York Court of Appeals
This is an appeal by defendant from a judgment of the General Term of the sixth district affirming the judgment entered upon decision rendered at the Delaware Special Term.
Read the full summary
This is an appeal by defendant from a judgment of the General Term of the sixth district affirming the judgment entered upon decision rendered at the Delaware Special Term. This action was brought to cancel certain certificates of sale, claimed to operate as a cloud upon plaintiff’s title to the rents reserved upon certain lands in the town of Stamford, 27. Y. The assessors, in the year 1864, assessed the property of the plaintiff, but to a wrong person, and afterward, upon petition duly made to the assessors, it was put upon the roll of 1865, and the assessors petitioned the board of…
1Opinion of the Court
By the Court—Peckham, J.
Action in equity to remove an alleged cloud upon plaintiff’s title to rents upon certain lots in Delaware county, caused by the sale of such rents upon a warrant issued by the county treasurer for the nonpayment of taxes upon said rents. The defendant was the purchaser at the sale, and had received the sheriff’s certificate of sale. The purpose of the action was to declare that certificate void.
Various objections are made by plaintiff’s counsel to the validity of the tax upon the plaintiff’s rents; and it is’ insisted, that if the assessment be void for any reason,…
2Cases cited4 opinions
- Scott v. . OnderdonkNew York Court of Appeals · 1856
- Ward v. . DeweyNew York Court of Appeals · 1858
- Doughty v. HopeNew York Court of Appeals · 1848
- Bennett v. . the City of BuffaloNew York Court of Appeals · 1858
3Cited by18 opinions
- Anderson v. RitterbuschSupreme Court of Oklahoma · 1908
- Phelps v. HarrisSupreme Court of the United States · 1880
- County of Redwood v. Winona & St. Peter Land Co.Supreme Court of Minnesota · 1889
- Graham v. Florida Land & Mortgage Co.Supreme Court of Florida · 1894
- Aggers v. People ex rel. MontclairSupreme Court of Colorado · 1894
13 more not listed; retrieve them via the Exa API.