Linden v. Graham

Decided May 6, 1861

New York Supreme Court · decided 1861-05-06

THE complaint in this case alleged that the plaintiff was the owner, by lawful title in fee and in possession, of certain premises therein described, subject to the dower right of the defendant; that the defendant is the widow of William Graham, deceased, who, at the time of his death, was the owner of two lots of land on the southeasterly corner of the Eighth avenue and Thirty-fifth street in the city of Hew-York, being in front on the Eighth avenue forty-eight feet four…

Cited by 2 later decisions — most recently April 1900

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1861-05-06

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By the Court.

¶1This action could be maintained under the act of 1855, to provide for the due apportionment of taxes and assessments, and for the sale of real estate to pay the same, (Laws of 1855, ch. 327;) or it might have been maintained in equity, under the old system of practice.

¶2The complaint shows a state of facts entitling the plaintiff to the relief demanded, so far as relates to the apportionment of the taxes, and that the defendant pay her proportion thereof.

¶3The judgment must be reversed, and a new trial ordered; costs to abide the event.

¶4Clerke, Ingraham and Suther land, Justices.]