Trustees of the Wilson Collegiate Institute v. Horne
New York Supreme Court
Appeal from the taxation of a bill of the fees of a county clerk. The appellants, in January, 1846, requested the clerk of Niagara county to examine and certify the title to and the incumbrances upon a lot of land lying in that county. He accordingly made a search and certificate.
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Appeal from the taxation of a bill of the fees of a county clerk. The appellants, in January, 1846, requested the clerk of Niagara county to examine and certify the title to and the incumbrances upon a lot of land lying in that county. He accordingly made a search and certificate. By the latter, it appeared that he had examined the records of deeds and mortgages, including mortgages to the commissioners of loans, from November 1833, to the date of the certificate, and had found only a deed, a mortgage, and a sheriff’s certificate of a sale on execution, affecting the premises, of which…
1Opinion of the Court
By the Court, Jewett, J.
If the fees for all the services rendered by the clerk in this case were taxed according to the provisions of the revised statutes, the amount would be less than the sum which has been taxed. But the act of 1840 has provided a different rate of compensation for a portion of them, by declaring that the clerks of counties &c. “ shall charge and receive for searching and certifying the title of and incumbrances upon real estate, ten cents for each conveyance and incumbrance certified by him, instead of fees now allowed by law, provided that such fees shall in no case…
2Cited by2 opinions
- Church v. St. Paul & Northern Pacific Railway Co.Supreme Court of Minnesota · 1885
- Curtiss v. McNairNew York Supreme Court · 1876