Whitney v. Considine Investing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Constant F. Whitney and others, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Westchester on the 18th day of February, 1920, upon the decision of the court rendered after a trial at the Westchester Special Term.
1Opinion of the Court
The following is the opinion of the court below:
J. Addison Young, J.:
This action is brought to cancel a certificate of sale given under the Drainage Acts as a cloud on the title to certain lands in Yorktown, and to determine the ownership of an award for a portion of such lands condemned by the State.
In 1883 Silas C. Whitney was the owner of the premises in question. On November fifth of that year a petition under the Drainage Act was presented to the county judge of Westchester *195county, who thereupon made an order appointing commissioners. A motion was made for the removal of one of the…
2Cases cited9 opinions
- Ford v. . ClendeninNew York Court of Appeals · 1915
- Bliss v. . JohnsonNew York Court of Appeals · 1883
- People v. . FrudenbergNew York Court of Appeals · 1913
- Sweeney v. . O'DwyerNew York Court of Appeals · 1910
- Whitman v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
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