McDonogh v. Smith

Appellate Division of the Supreme Court of New York

McDonogh v. Smith

277 A.D.2d 1087

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 29, 1950

StatusPublished

This text of 277 A.D.2d 1087 (McDonogh v. Smith) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McDonogh v. Smith, 277 A.D.2d 1087 (N.Y. Ct. App. 1950).

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Opinion

s. Appeals from judgments of the Supreme Court, Columbia County, declaring certain tax deeds to be valid, and dismissing the complaints in both actions. Essentially, this is an action to remove clouds on title to two pieces of property formerly owned by the plaintiff, on the grounds that the descriptions of parcels involved both as they appeared on the assessment rolls and on the tax deeds, were incorrect. The descriptions were sufficiently accurate to identify the parcels and hence, the assessments and subsequent deeds were not invalid. (Tax Law, § 55-a.) The fact that the plaintiff for many years paid taxes on these parcels as so described, indicates conclusively that he was neither deceived nor misled. Judgments unanimously affirmed, with one bill of costs to the respondent. County of Columbia, Present — Foster, P. J., Heffernan, Brewster, Deyo and Coon, JJ,

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s. Appeals from judgments of the Supreme Court, Columbia County, declaring certain tax deeds to be valid, and dismissing the complaints in both actions. Essentially, this is an action to remove clouds on title to two pieces of property formerly owned by the plaintiff, on the grounds that the descriptions of parcels involved both as they appeared on the assessment rolls and on the tax deeds, were incorrect. The descriptions were sufficiently accurate to identify the parcels and hence, the assessments and subsequent deeds were not invalid. (Tax Law, § 55-a.) The fact that the plaintiff for many years paid taxes on these parcels as so described, indicates conclusively that he was neither deceived nor misled. Judgments unanimously affirmed, with one bill of costs to the respondent. County of Columbia, Present — Foster, P. J., Heffernan, Brewster, Deyo and Coon, JJ,

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Bluebook (online)

277 A.D.2d 1087, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdonogh-v-smith-nyappdiv-1950.