Lockwood v. . Gehlert
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 24, 1889, which affirmed a judgment in favor of plaintiff entered upon the decision of the court on trial at Special Term. Action of ejectment to recover possession of a parcel of land situate near the corner of Fourth avenue and One Hundred and Twenty-sixth street in the city of Hew York.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 24, 1889, which affirmed a judgment in favor of plaintiff entered upon the decision of the court on trial at Special Term. Action of ejectment to recover possession of a parcel of land situate near the corner of Fourth avenue and One Hundred and Twenty-sixth street in the city of Hew York. The defendant, by his original answer, simply denied the title of the plaintiff, but by a supplemental answer he alleged title in himself under a tax lease for the term of 1,000…
1Opinion of the CourtYank, J.
It is conceded that the plaintiff was entitled to recover possession of the premises in question, unless his title thereto was divested and transferred to the defendant for the period of the lease, by virtue of proceedings taken to enforce collection of the tax. As the regularity of procedure up to and including the sale is not questioned, it will be necessary to examine only those sections of the statute that govern the subsequent proceedings.
After the delivery to the purchaser of a certificate of sale, as required by section 926 of the Consolidation Act (Laws 1882, chap. 410), the next step…
2Cases cited7 opinions
- Jackson, ex rel, Watson v. EstyNew York Supreme Court · 1831
- Stewart v. . CryslerNew York Court of Appeals · 1885
- Bush v. DavisonNew York Supreme Court · 1837
- Spear v. DittySupreme Court of Vermont · 1837
- Smith v. . SangerNew York Court of Appeals · 1851
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3Cited by19 opinions
- Clason v. . BaldwinNew York Court of Appeals · 1897
- Werking v. Amity Estates, Inc.New York Court of Appeals · 1956
- Beggs v. PaineNorth Dakota Supreme Court · 1906
- In re FarrellMontana Supreme Court · 1907
- King v. . TownshendNew York Court of Appeals · 1894
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