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Ziegler v. Van Demark

79 N.Y.S. 1151 Court N.Y. App. Div. Decision date 1902-12-16 English

Decision Majority — PER CURIAM. · Dissent — WILLIAMS, J.,

Contents
p. 1151
ZIEGLER et al., Appellants, v. VAN DEMARK et al., Respondents.
(Supreme Court, Appellate Division, Fourth Department.
December 16, 1902.)

Headnote

Action by Andrew Ziegler and another against James Van Demark and others.

Judgment affirmed, with costs. Held, that under the allegations of the complaint, and upon the proofs presented, the plaintiffs were not entitled to a judgment of foreclosure and sale for nonpayment of taxes.

dissents upon the ground that the plaintiffs had a right to maintain the action to foreclose for taxes, and therefore the dismissal of the entire complaint was improper.