Barlow v. Saint Nicholas National Bank
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the second judicial department, reversing a judgment in favor of defendant entered upon the report of a referee. This action was brought for an alleged breach of a covenant .against incumbrances contained in a deed from defendant to plaintiffs of certain premises situate in Westchester county. The facts sufficiently appear in the opinion.
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Appeal from an order of the General Term of the Supreme Court in the second judicial department, reversing a judgment in favor of defendant entered upon the report of a referee. This action was brought for an alleged breach of a covenant .against incumbrances contained in a deed from defendant to plaintiffs of certain premises situate in Westchester county. The facts sufficiently appear in the opinion. The referee decided that there was no breach of the covenant proved, and directed judgment dismissing the complaint. Judgment was entered accordingly. JN o tax or assessment becomes a lien or…
1Opinion of the CourtAndrews, J.
The defendant, on the 27th of October, 1868, for the consideration of $43,000, conveyed to the plaintiffs a farm, situated in the town of Ossining in the county of Westchester, by deed containing a covenant against incumbrances. The assessors of that town, in June of that year, assessed the farm to one Jane Ann Edgerton, the occupant, at the sum of $18,400, and completed their assessment roll in August, thereafter, as required by law, and delivered it to the supervisor of the town, who delivered it to the board of supervisors of the county at their next annual meeting, commencing November 9,…
2Cases cited2 opinions
- Rundell v. . LakeyNew York Court of Appeals · 1869
- Horton v. . DavisNew York Court of Appeals · 1863
3Cited by32 opinions
- In Re the Judicial Settlement of the Account of BabcockNew York Court of Appeals · 1889
- Baley v. . Homestead Fire Ins. Co.New York Court of Appeals · 1880
- Hagner v. HallAppellate Division of the Supreme Court of the State of New York · 1896
- Cemansky v. FitchSupreme Court of Iowa · 1903
- United States v. City of BuffaloCourt of Appeals for the Second Circuit · 1931
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