Legal Opinion

May v. . Traphagen

New York Court of Appeals

Decided October 17, 1893PublishedCited by 18 opinions

Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made July 11, 1892, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial without a jury. This was an action of ejectment. The facts, so far as material, are stated in the opinion.

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Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made July 11, 1892, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial without a jury. This was an action of ejectment. The facts, so far as material, are stated in the opinion. The apportionment of the tax for 1882 was unauthorized, and the subsequent proceedings in respect to that tax, resulting in the sale of the lot described in the complaint, at which the plaintiff became the purchaser, were for that reason illegal and void. (Laws of 1873, chap. 863.)…

1Opinion of the CourtGray, J.

The action was brought to recover possession of •certain premises in the city of Brooklyn. The plaintiff’s title comes through a sale made to him on February 23d, 1887, by the registrar for the non-payment of the taxes for the years. 1882, 1883 and 1884. The defendant was the owner of the property at the time of the tax sale, and, among other objections to the plaintiff’s title, asserts that the taxes for the year 1883 were not legally assessed, and, hence, the sale was ineffectual.

It was shown that the premises formed, originally, part of one plot of land, which, in 1882, was designated upon…

2Cases cited1 opinion

  1. Merritt v. . Village of PortchesterNew York Court of Appeals · 1877

3Cited by18 opinions

  1. Clason v. . BaldwinNew York Court of Appeals · 1897
  2. Queens County Water Co. v. MonroeAppellate Division of the Supreme Court of the State of New York · 1903
  3. Burr v. PalmerAppellate Division of the Supreme Court of the State of New York · 1900
  4. In re Town of BrookhavenNew York Supreme Court · 1974
  5. Litchfield v. City of BrooklynNew York City Court · 1895

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