Clark v. . Davenport
New York Court of Appeals
Appeal from, judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made January 23, 1883, which affirmed a judgment in favor of defendant, entered upon an order dismissing the complaint on trial. (Reported below, 30 Hun, 161.) The nature of the action and the material facts are set forth in the opinion. The certificate issued by the defendant was and is a lien, and constitutes a cloud on plaintiff’s title.
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Appeal from, judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made January 23, 1883, which affirmed a judgment in favor of defendant, entered upon an order dismissing the complaint on trial. (Reported below, 30 Hun, 161.) The nature of the action and the material facts are set forth in the opinion. The certificate issued by the defendant was and is a lien, and constitutes a cloud on plaintiff’s title. (1 R. S. [6th ed.] 966, § 109 ; Cooley on Taxation, 542, 543 and note; Cooley, 352, 353; Burroughs on Taxation, 320, 322; Blackwell on…
1Opinion of the CourtMiller, J.
This action was brought to set aside a certificate issued by the comptroller upon a sale of lands for taxes on the ground that the same was irregular and void, and to cancel such certificate if the same had been issued; and if such certificate had not been issued, to enjoin the comptroller from issuing the same, and also to enjoin him from executing a deed by virtue of the sale made for said taxes. The right to Maintain the action is based upon the ground that such certificate of sale is a cloud upon the plaintiff’s title to the lands in question. There is no doubt that the taxes for which…
2Cases cited3 opinions
- Waltermire v. . WestoverNew York Court of Appeals · 1856
- Sanders v. . Village of YonkersNew York Court of Appeals · 1875
- Allen v. . City of BuffaloNew York Court of Appeals · 1868
3Cited by15 opinions
- Cameron Estates, Inc. v. DeeringNew York Court of Appeals · 1954
- Stewart v. . CryslerNew York Court of Appeals · 1885
- Carolina-Tennessee Power Co. v. Hiawassee River Power Co.Supreme Court of North Carolina · 1918
- Nehasane Park Assn. v. . LloydNew York Court of Appeals · 1901
- Beardslee v. . IngrahamNew York Court of Appeals · 1906
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