Butler v. City of Oswego
New York Supreme Court
Appeal from special term, Oswego county. * Action by Elizabeth H. Butler against the city of Oswego and Erastus P. Burt, to set aside, as a cloud on plaintiff’s title, a tax-sale certificate issued by defendant city to defendant Burt on December 8, 1868, based on an assessment to Charles H. Bonnell in 1865. In the complaint it is alleged that the assessment was void for the reason that the property was at the time unoccupied, and belonged to a non-resident, but was assessed…
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Appeal from special term, Oswego county. * Action by Elizabeth H. Butler against the city of Oswego and Erastus P. Burt, to set aside, as a cloud on plaintiff’s title, a tax-sale certificate issued by defendant city to defendant Burt on December 8, 1868, based on an assessment to Charles H. Bonnell in 1865. In the complaint it is alleged that the assessment was void for the reason that the property was at the time unoccupied, and belonged to a non-resident, but was assessed as resident property. Lapse of time was inferentially stated as another ground of nullity. Plaintiff appeals from a…
1Opinion of the CourtMerwin, J.
The only material questions to be considered in this case are —First, whether the trial court erred in refusing to And, as matter of fact, that Bonnell was a non-resident at the time of the assessment in question; *115and, second, whether the plaintiff is entitled to any relief in this action by reason of the failure of the defendant Burt to give to the owner a notice to redeem, 20 years and upwards having elapsed since the time such notice might have been given.
1. The statute provided that the assessment roll should be completed on or before the 1st day of July in each year. Charter of Oswego,…
2Cases cited4 opinions
- Johnson v. . Albany Susquehanna R.R. Co.New York Court of Appeals · 1873
- Tingue v. . Village of Port ChesterNew York Court of Appeals · 1886
- Morey v. . Farmers' Loan and Trust Co.New York Court of Appeals · 1856
- Baker v. OakwoodNew York Supreme Court · 1888
3Cited by2 opinions
- Bolt v. Hauser, New York County Courts1890
- Butler v. City of OswegoNew York Supreme Court · 1890