Van Benthuysen v. . Sawyer
New York Court of Appeals
Where land has been sold for taxes, and the public officer refuses to do his duty in giving the party the necessary information to enable him to redeem— and thereby redemption is prevented—the deed of such officer will convey no title to the purchaser. But if such officer has already given the necessary information by furnishing a bill of the amount to be paid, his refusal to furnish a second bill is not of itself evidence of.official neglect.
1Opinion of the CourtParker, J.
This is an action to recover damages for an alleged, wrongful entry npon, and carrying away timber from, lot No. 72, in Hoffman’s township, in the county of Essex. Upon the trial, the verdict was for the Defendants, upon which judgment w;as rendered. The Plaintiff appealed to the General Term, when the judgment was affirmed, and the case is brought here by appeal from the judgment thereupon entered.
The Plaintiff claims title to the lot, which was a wild lot, under a tax sale, made by the treasurer of the county of Essex, on the 6th of December, 1853.
The Defendants dispute the title, on the…
2Cited by13 opinions
- Bryan v. . McGurkNew York Court of Appeals · 1911
- Wallace v. . McEchronNew York Court of Appeals · 1903
- Corning Town Co. v. DavisSupreme Court of Iowa · 1876
- Gould v. SullivanWisconsin Supreme Court · 1893
- People Ex Rel. Cooper v. Registrar of Arrears of BrooklynNew York Court of Appeals · 1889
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