Martin v. . McCormick
New York Court of Appeals
The appeal in this action was from a judgment of the superior court of the city of New York. The questions decided arose upon the pleadings. The following were the facts: In 1839, the plaintiff became the owner in fee simple of a house and lot in the city of New York, worth six thousand dollars.
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The appeal in this action was from a judgment of the superior court of the city of New York. The questions decided arose upon the pleadings. The following were the facts: In 1839, the plaintiff became the owner in fee simple of a house and lot in the city of New York, worth six thousand dollars. On the first day of October, 1842, they were sold by order of the Mayor, Aldermen and Commonalty of the city, for the taxes assessed upon them for the years 1835, 1836 and 1838, amounting in the aggregate including interest and costs to $105'70. The defendant bid them in for the term of one hundred…
1Opinion of the CourtJohnson, J.
In this case the defendant was in possession of an instrument under the seal of. the corporation of the city -of New York, by which there purported to be created in him an estate for the term of one hundred years, in a house and lot of land in the city of New York. The plaintiff was at the time in possession of the house and lot, claiming to be and being seized thereof in fee, unless the lease held by the defendant created a valid term for years in him. The defendant as matter of fact believed, the lease did give him the term which it purported to convey. The plaintiff also so believed, and…
2Cases cited1 opinion
- Allen v. HammondSupreme Court of the United States · 1837
3Cited by7 opinions
- Coffin v. . City of BrooklynNew York Court of Appeals · 1889
- Gibson v. RichartIndiana Supreme Court · 1882
- Oxenham v. MitchellCourt of Appeals of Maryland · 1931
- Thomas v. . BartowNew York Court of Appeals · 1872
- Holdredge v. WebbNew York Supreme Court · 1872
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