In re the acquisition of lands of Lizzie A.
New Jersey Court of Chancery
On motion to pay out moneys. In this case the Central Railroad Company of New Jersey took proceedings to acquire title to certain lands belonging to Mrs. Sleeper and her husband, with the result that after an award of commissioners an appeal was taken and the jury found the value of the lands, with damages, to be $1,850. . The railroad company did not make any persons parties to its proceedings except Mr. and Mrs. Sleeper.
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On motion to pay out moneys. In this case the Central Railroad Company of New Jersey took proceedings to acquire title to certain lands belonging to Mrs. Sleeper and her husband, with the result that after an award of commissioners an appeal was taken and the jury found the value of the lands, with damages, to be $1,850. . The railroad company did not make any persons parties to its proceedings except Mr. and Mrs. Sleeper. It, however, became aware that there were certain taxes assessed by the city of Jersey City that were in arrear and a lien upon the premises, and being advised that the…
1Opinion of the Court
Pitney, Y. C.
Counsel for the railroad company and for the city both insist that there is no difference, for present purposes, between a lien for taxes and a mortgage or judgment lien, and that the amount awarded by commissioners or by the verdict of a jury on appeal represents the whole value of the land without any deduction for liens of any sort.
On the other hand, counsel on behalf of the Sleepers claims that the contention of the other side, if acceded to, results in the adoption of a new mode of collecting taxes not recognized by law, and that the city is confined to its statutory remedy…
2Cases cited1 opinion
- Burnet v. DeanSupreme Court of New Jersey · 1901
3Cited by5 opinions
- NJ Highway Authority v. J. & F. HOLDING CO.New Jersey Superior Court Appellate Division · 1956
- Brennan v. United StatesUnited States Court of Claims · 1957
- Brennan v. United StatesUnited States Court of Claims · 1957
- Cuyahoga County, Ohio, v. United StatesUnited States Court of Claims · 1961
- Cuyahoga County, Ohio, v. United StatesUnited States Court of Claims · 1961