Stafutti v. Sexton

Headnote

Real property — tax sales — ejectment ■ — ■ limitation of actions — action of ejectment to recover possession of land sold for taxes cannot be maintained when commenced more than five years after recording of tax deeds.

■ Stafutti v. Sexton, 202 App. Div. 735 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 12, 1922, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The action was in ejectment. Plaintiff was the owner of certain lots in the village of Mineóla. On September 10, 1914, they were sold for taxes to the defendant and on September 10, 1915, they not having been redeemed, deeds therefor were executed to the defendant by the county

treasurer which deeds were recorded in the office of the county clerk on September 23, 1915. This action was commenced June 7, 1921. It was held that under section 132 of the Tax Law the action was not brought in time.