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Home > Art, Film & Photography > Reports of Cases in Law and Equity in the Supreme Court of the State of New York Volume 3
Reports of Cases in Law and Equity in the Supreme Court of the State of New York Volume 3

Reports of Cases in Law and Equity in the Supreme Court of the State of New York Volume 3


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1876 Excerpt: ...person who might happen, at the date of the deed, to be an occupant, and to every other person who had an interest in the land, an opportunity to redeem the whole of the land sold. Thus, in Comstock v. Beardsley, (15 Wend. 348, ) it was held that any person in the possession of land, and liable to assessmmt and taxation therefor, was an occupant, vrithin the meaning of the statute, and as such must be served with notice. The revised statutes, (1 R. S. 389, 2, 1st ed.) subject the mere occupartf to assessment and taxation for real estate. The second section declares that land owned by a peison residing in the town, but occupied by another, may b- Smith r. Sanger. assessed in the name of the owner or occupant; thus recognizing a distinction between persons who hold the title to the land and the mere occupant who has no title thereto. (See Laws q/'1836, p. 241, 27.) Not even an occupancy, which would constitute an adverse possession, is necessary, to call for the service of the notice required by the statute, in relation to sales of lands fof taxes. It was so held by Nelson, J. in 15 Wend. 349. In Jackson v. Esty, (7 Id. 150, ) the occupant was a mere squatter, claiming no title; and in Bush v. Davison, he was a mere tenant at sufferance; and yet in both cases it was held that the occupancy was within the meaning of the statute. It seems to me, therefore, that in the case of a comptroller's deed on a sale for taxes. the only question in relation to the necessity of service of notice, is, whether I here was an actual occupancy of any part of the land sold, irrespective, altogether, of the occupant's interest in the land. An occupant is defined, in 2 Bouvier's Law Diet. 242, to be one who has the actual use or possession of a thing. Webster defm...


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Product Details
  • ISBN-13: 9781236140678
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 254
  • Spine Width: 13 mm
  • Width: 189 mm
  • ISBN-10: 1236140672
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 458 gr


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