Phillips v. Mayor of Hudson
Supreme Court of New Jersey
In case. On demurrer. The declaration contained five counts. 1st count, was for money paid for certain lands sold by defendants to plaintiffs on the 23d December, 1858, for an assessment by them alleged to have been lawfully imposed thereon, for the improvement of Palisade avenue.
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In case. On demurrer. The declaration contained five counts. 1st count, was for money paid for certain lands sold by defendants to plaintiffs on the 23d December, 1858, for an assessment by them alleged to have been lawfully imposed thereon, for the improvement of Palisade avenue. It alleged that a declaration of sale was made and executed by defendants and given to plaintiffs (a copy of which was annexed), by virtue whereof, after the expiration of two years from the day of said sale, the plaintiffs ought to have the right to the possession of said lands. Plaintiffs aver that they cannot…
1Opinion of the CourtElmer, J.
The plaintiffs seek to recover from the defendants the money paid upon the public sale of land in the City of Hudson, sold to make the sum assessed for the improvement of a street, purporting to have been made in pursuance of the 38th section of the act to incorporate the City of Hudson. Acts of 1855, p. 782. This section provides that the assessment shall be a lien on the land, and if not paid it shall be lawful for the common council to cause such land to be sold at public auction for the shortest term for which any person will agree to take the same and pay the assessment, with interest,…
2Cases cited10 opinions
- The Monte AllegreSupreme Court of the United States · 1824
- Frost v. RaymondNew York Supreme Court · 1804
- Bates v. DelavanNew York Court of Chancery · 1835
- Loomis v. PingreeSupreme Judicial Court of Maine · 1857
- Putnam v. WestcottNew York Supreme Court · 1821
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3Cited by1 opinion
- Potter v. HillNew Jersey Superior Court Appellate Division · 1957