Remsen v. . Wheeler
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 9, 1884, which affirmed a judgment in favor of the defendant Wheeler, entered on a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 9, 1884, which affirmed a judgment in favor of the defendant Wheeler, entered on a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. The assessment should have been against the executors, naming them as trustees and executors of estate of Thomas Poole, deceased, otherwise it was void. (Trowbridge v. Horan, 78 N. Y 439 ; 2 R. S., 989, §§ 1, 2, 3 [7th ed.] ; Chapman v. City of Brooklyn, 40 N.…
1Opinion of the CourtEarl, J.
This action was brought to restrain the city of •Brooklyn from paying over to the defendant Wheeler the sum of $1,986.05, and to compel it to pay the same "to plaintiffs as the owner thereof.
The facts as alleged in the complaint, and found by the trial judge, are substantially as follows': The plaintiffs, four of whom are infants, were the owners of a tract of land in the city of Brooklyn which had been incumbered by taxes, assessments, water rates and certificates of tax sales to a large amount. In 1883, proceedings were instituted in the •Supreme Court in behalf of the infant plaintiffs for…
2Cases cited1 opinion
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