Chase v. . Chase
New York Court of Appeals
Appeals from orders of the General Term of the Supreme Court, in the first judicial department, the dates of which, and the nature thereof, as well as the material facts, are stated in the opinion. It is not sufficient that the assessment is an apparent lien or incumbrance, but it must be shown to be a valid or subsisting lien or incumbrance, which may be enforced against the property.
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Appeals from orders of the General Term of the Supreme Court, in the first judicial department, the dates of which, and the nature thereof, as well as the material facts, are stated in the opinion. It is not sufficient that the assessment is an apparent lien or incumbrance, but it must be shown to be a valid or subsisting lien or incumbrance, which may be enforced against the property. (Tappan v. Young, 9 Daly, 357.) Any evidence tending to show its invalidity is admissible, and should be considered in determining whether the assessment is a valid lien. (Tappan v. Young, 9 Daly, 357.) The…
1Opinion of the CourtDanforth, J.
The appellants were parties, plaintiff and defendant, in this action, for the partition or sale of certain real estate, which sq far as these appeals are concerned may be described as part of the premises intended to be affected by the assessment for regulating, grading, etc., Tenth avenue in the city of New York, from One Hundred and Fifty-fifth to One Hundred and Ninety-fourth street, considered in the Matter of Peering (85 N. Y. 1). At a sale bad by the referee in pursuance of the judgment in partition, the respondent Knowles became the purchaser of part of the premises known as lot 66,…
2Cases cited6 opinions
- Shriver v. . ShriverNew York Court of Appeals · 1881
- Lennon v. . Mayor, Etc., of N.Y. CityNew York Court of Appeals · 1874
- In the Matter of the Petition of DeeringNew York Court of Appeals · 1881
- Bennett v. . the City of BuffaloNew York Court of Appeals · 1858
- In the Matter of DelanceyNew York Court of Appeals · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Chamberlain v. . TaylorNew York Court of Appeals · 1887
- Moore v. . City of AlbanyNew York Court of Appeals · 1885
- Poth v. Mayor, Aldermen & Commonalty of New YorkNew York Court of Appeals · 1896
- People Ex Rel. Martin v. . MyersNew York Court of Appeals · 1892
- Sixth-Avenue Railroad v. MayorNew York Supreme Court · 1892
9 more not listed; retrieve them via the Exa API.