Overing v. Foote
Commission of Appeals
Appeals from judgments of the General Term of the Supreme Court in the third judicial department, affirming judgments in favor of defendant, entered upon decisions of the court on trial without a jury. These actions are alike in all respects, and were tried together as one. They were brought to set aside the certificates of sale of real estate made by the sheriff of the county of Delaware, as a cloud upon the plaintiffs’ title.
Read the full summary
Appeals from judgments of the General Term of the Supreme Court in the third judicial department, affirming judgments in favor of defendant, entered upon decisions of the court on trial without a jury. These actions are alike in all respects, and were tried together as one. They were brought to set aside the certificates of sale of real estate made by the sheriff of the county of Delaware, as a cloud upon the plaintiffs’ title. The sales were had and the certificates made, as is alleged, by virtue of certain proceedings to levy a tax upon rents reserved in leases belonging to the plaintiffs.…
1Opinion of the Court
Reynolds, C.
Upon a comparison of the facts assumed by the learned judge who delivered the opinion of the Court of Appeals in these cases, in 43 Flew York, 290, with the facts now found by the learned judge before whom the last trial was had, there is, in some particulars, a different state of facts presented, which it is claimed changes their legal aspect. For example, Peckham, J., said (43 FT. Y., 297): “ Here the name of the plaintiff was on the roll, but the particular rents for which alone he was to be assessed were not carried out but his agent furnished to the assessors a list of the…
2Cases cited6 opinions
- National Bank of Chemung v. City of ElmiraNew York Court of Appeals · 1873
- Mygatt v. . WashburnNew York Court of Appeals · 1857
- People Ex Rel. Mygatt v. Supervisors of Chenango CountyNew York Court of Appeals · 1854
- Clark v. . NortonNew York Court of Appeals · 1872
- Wheeler v. MillsNew York Supreme Court · 1863
1 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
- Stuart v. . PalmerNew York Court of Appeals · 1878
- Dietz v. City of NeenahWisconsin Supreme Court · 1895
- Ulman v. Mayor of BaltimoreCourt of Appeals of Maryland · 1890
- Garvin v. DaussmanIndiana Supreme Court · 1888
24 more not listed; retrieve them via the Exa API.