Nichols v. . Voorhis
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order reversing a judgment in favor of defendants, which was entered upon an order sustaining demurrers to plaintiff's complaint. (Reported below, 9 Hun, 171.) This action was brought to vacate and set aside an assessment of $435.94 upon certain lands of plaintiff for a highway improvement as a cloud on title, and to restrain the ' enforcement thereof.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order reversing a judgment in favor of defendants, which was entered upon an order sustaining demurrers to plaintiff's complaint. (Reported below, 9 Hun, 171.) This action was brought to vacate and set aside an assessment of $435.94 upon certain lands of plaintiff for a highway improvement as a cloud on title, and to restrain the ' enforcement thereof. Defendants separately demurred to the complaint.
1Per curiam
This case is not appealable to this court, for the reason that the amount in controversy is less than $500. The assessment complained of is only $435.94.
Unless, therefore, the action is one “affecting the title to real property or an interest therein,” the appeal was unauthorized. (Laws of 1874, chap. 322.)
It is not sufficient that the action relates to real property or in some way affects it; it must itself affect the title oían interest therein. An action to recover the possession of real property, or to set aside or to compel a conveyance thereof or for the partition thereof, is of the…
2Cases cited1 opinion
- Wheeler v. . ScofieldNew York Court of Appeals · 1876
3Cited by9 opinions
- Silver Surprize, Inc. v. Sunshine Mining Co.Washington Supreme Court · 1968
- Sheppard v. Coeur d'Alene Lumber Co.Washington Supreme Court · 1911
- Gaunt v. Alabama Bound Oil & Gas Co.Court of Appeals for the Eighth Circuit · 1922
- Warren v. . WilderNew York Court of Appeals · 1889
- Trevett v. . BarnesNew York Court of Appeals · 1888
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