Legal Opinion

In re Kessler

Appellate Division of the Supreme Court of the State of New York

Decided March 9, 1938PublishedCited by 5 opinions

1Opinion of the CourtRhodes, J.

The question presented is whether the redemption by the holder of a recorded mortgage from a tax sale of the premises covered by the mortgage was timely, and whether the lien of the mortgage had been affected under the Tax Law.

The premises involved in this proceeding were sold at a tax sale on July 27, 1933, for unpaid taxes levied for the year 1931, and the petitioner had succeeded to the title under the tax deed delivered by the county treasurer by reason of such tax sale.

At the time of the sale several mortgages were outstanding covering the premises. No one in behalf of petitioner or her…

2Cases cited3 opinions

  1. Lowe v. SheldonNew York Court of Appeals · 1937
  2. Post v. CowanAppellate Division of the Supreme Court of the State of New York · 1932
  3. People ex rel. Brooklyn Union Elevated Railroad v. MorganAppellate Division of the Supreme Court of the State of New York · 1903

3Cited by5 opinions

  1. Hurley v. TolfreeNew York Court of Appeals · 1955
  2. Gillespie v. Board of SupervisorsNew York Supreme Court · 1942
  3. Patchogue Security Holding Corp. v. GeorgeNew York Supreme Court · 1939
  4. Barzler v. FischerAppellate Division of the Supreme Court of the State of New York · 1947
  5. Guild Properties, Inc. v. ArmstrongAppellate Division of the Supreme Court of the State of New York · 1948

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