People v. . Turner
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 May 8, 1894, which affirmed a judgment in favor of plaintifE entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The tax sale of 1877 was illegal and void when it was made.
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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 May 8, 1894, which affirmed a judgment in favor of plaintifE entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The tax sale of 1877 was illegal and void when it was made. (Black, on Tax Titles [5th ed.], § 522; People v. Hagadorn, 104 N. Y. 516, 523; Westfall v. Preston, 49 id. 349 ; Jewell v. Van Steenburgh, 58 id. 85; Bradley v. Ward, Id. 401, 406; Thompson v. Burhans, 61 id. 52, 65; People v.…
1Opinion of the CourtGray, J.
The appellant in this case is the same person, whose appeal was recently under review by us. (117 N. Y. 227.) The decision there made must be regarded as operative in the present appeal. In the former case the action was' to recover penalties for cutting trees upon certain lands in Franklin county, in this state; while in this case the action is one of replevin to recover logs taken by the defendant from other lands in that county. The facts, affecting the defendant’s position towards the lands, differ in the two cases, in this; that in the earlier case the defendant was not in possession and…
2Cases cited4 opinions
- People v. . TurnerNew York Court of Appeals · 1889
- Ensign v. . BarseNew York Court of Appeals · 1887
- Joslyn v. . RockwellNew York Court of Appeals · 1891
- People Ex Rel. Chase v. . WempleNew York Court of Appeals · 1895
3Cited by51 opinions
- Chase v. TroutCalifornia Supreme Court · 1905
- Turner v. New YorkSupreme Court of the United States · 1897
- Meigs v. . RobertsNew York Court of Appeals · 1900
- Saranac Land & Timber Co. v. Comptroller of New YorkSupreme Court of the United States · 1900
- Dunkum v. MacEck Building Corp.New York Court of Appeals · 1931
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