Tallman v. . White
New York Court of Appeals
Ejectment, brought by Samuel B. White against George C. Tallman, tried at the Onondaga circuit, before Gridlby, J. in September, 1847. The premises claimed were a part of block number twenty-nine in the city (then the village) of Syracuse. On the trial the plaintiff deduced a regular title from the state to himself, and proved that the defendant was in possession at the commencement of the suit. He then rested.
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Ejectment, brought by Samuel B. White against George C. Tallman, tried at the Onondaga circuit, before Gridlby, J. in September, 1847. The premises claimed were a part of block number twenty-nine in the city (then the village) of Syracuse. On the trial the plaintiff deduced a regular title from the state to himself, and proved that the defendant was in possession at the commencement of the suit. He then rested. The defendant then introduced in evidence a deed from the Comptroller of the state to himself, dated January 1, 1846, given upon a sale for taxes which had been assessed in the year…
1Opinion of the CourtRuggles, J.
The comptroller’s deed is conclusive evidence of the regularity of his sale ; (1 R. S. 411, § 81,) but not of his power to sell. (Jackson v. Morse, 18 John. 442; Stryker v. Kelly, 2 Denio, 322; Doughty v. Hope, 3 id. 603; S. C. 1 Comst. 79.) Another section of the statute declares that the comptroller’s deed shall vest in the grantee an absolute estate in fee simple. (1 R. S. p. 411, § 80.) But this section applies only to cases in which that officer has power to sell. (18 John. 442.) To give him that power the land must have been assessed in due form by the town assessors ; taxed by the…
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