Legal Opinion

Gabel v. Williams

New York County Courts

Decided January 15, 1904Published

The above are the same parties as those in a proceeding formerly decided by the Oneida county judge and reported in 39 Misc. Rep. 489. That proceeding was taken under the Oneida County Tax Law for the summary removal of the defendant as tenant in possession of the premises in question by the purchaser at tax sale.

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The above are the same parties as those in a proceeding formerly decided by the Oneida county judge and reported in 39 Misc. Rep. 489. That proceeding was taken under the Oneida County Tax Law for the summary removal of the defendant as tenant in possession of the premises in question by the purchaser at tax sale. This is a summary proceeding for the removal of the defendant, pursuant to section 55 of the charter of the city of Utica, and presents entirely different questions. Petitioner claims to be the owner of the premises described in the petition by reason of having purchased them at a…

1Opinion of the CourtDtjhmobe, J.

Defendant raises no question as to the regularity of the tax sale proceedings prior to the sale. But he contends that the purchaser is not entitled to possession, for the reason, among others, that he has not perfected his title to the premises by obtaining a deed, as provided in section 57 of the city charter. Section 55 of the city charter provides that the city treasurer shall issue a certificate to the purchaser, and that such purchaser may, upon receiving such certificate, “ by virtue thereof and of this act, lawfully hold and enjoy ” for his use and benefit forever the real estate…

2Cases cited10 opinions

  1. Clason v. . BaldwinNew York Court of Appeals · 1897
  2. People v. . HagadornNew York Court of Appeals · 1887
  3. People of State of New York v. . McGloinNew York Court of Appeals · 1883
  4. Dolph v. BarneyOregon Supreme Court · 1874
  5. People Ex Rel. Gilmour v. HydeNew York Court of Appeals · 1882

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