City of Rochester v. Kapell
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George A. Kapell, from so much of a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 20th day of April, 1903, as adjudges that the premises described in the complaint be sold free and clear of the lien of the Monroe county tax for the year 1901, and free and clear of the lien on said premises acquired by the appellant by purchase of the same at a sale thereof made by the…
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Appeal by the defendant, George A. Kapell, from so much of a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 20th day of April, 1903, as adjudges that the premises described in the complaint be sold free and clear of the lien of the Monroe county tax for the year 1901, and free and clear of the lien on said premises acquired by the appellant by purchase of the same at a sale thereof made by the treasurer of said county for the collection of said tax; also from so much of said judgment as directs that the taxes due to…
1Opinion of the Court
Williams, J. :
The judgment, so far as appealed from, should be affirmed, with costs..
The action was brought to foreclose a tax lien under section 104 of the charter of .the city of Rochester (Laws of 1880, chap. 14, as amd. by Laws of 1890, chap. 561). The judgment contained provisions to the effect that the sale of the premises should be free and *225clear of an alleged lien for State and county taxes, belonging to the .appellant defendant, and from these provisions the appeal is taken. The facts, briefly stated, are: In the year 1899 a city tax of eleven dollars and nine cents was levied…
2Cases cited1 opinion
- Wells v. JohnstonAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by18 opinions
- County of Nassau v. LincerAppellate Division of the Supreme Court of the State of New York · 1938
- Segar v. YoungsNew York Court of Appeals · 1978
- Bolton v. Terra Bella Irrigation DistrictCalifornia Court of Appeal · 1930
- County of Nassau v. Lincer, New York County Courts1938
- County of Nassau v. LincerAppellate Division of the Supreme Court of the State of New York · 1938
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