People ex rel. Millard v. Chapin
New York Supreme Court
Appeal by the relator from an order, entered in Dutchess county refusing a peremptory writ of mandamus. At the state tax sale of 1859 a number of parcels of land in Erie county were struck off to M. Henderson, who paid the amount of his bids to the comptroller. Henderson assigned his certificate to Maurice E. Yiele, and the comptroller, in 1862, conveyed the lands to Yiele. By a deed of bargain and sale Yiele conveyed the lands to Ogden H. Osborn.
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Appeal by the relator from an order, entered in Dutchess county refusing a peremptory writ of mandamus. At the state tax sale of 1859 a number of parcels of land in Erie county were struck off to M. Henderson, who paid the amount of his bids to the comptroller. Henderson assigned his certificate to Maurice E. Yiele, and the comptroller, in 1862, conveyed the lands to Yiele. By a deed of bargain and sale Yiele conveyed the lands to Ogden H. Osborn. Millard (the relator) is the owner of all the interest of Osborn, under conveyance from his widow and heirs-at-law and personal representatives.…
1Opinion of the Court
Pratt, J.:
The sale by the comptroller was void, and his deed conveyed no title. The act of 1855 (chap. 4271 was passed to protect purchasers at such sales, and conveyances made since that act should be construed as if containing a covenant to refund to the grantee, his representatives' and assigns, in event of failure of title, the purchase-money with interest at seven per cent. The principal question to be considered is whether the deed from Yiele and wife to Osborn carried with it the right to receive and demand the money that had been paid to the comptroller on the purchase. The question…
2Cases cited4 opinions
- Jackson ex. dem. Merrit v. BowenNew York Supreme Court · 1827
- Robinson v. . RyanNew York Court of Appeals · 1862
- Klock v. BuellNew York Supreme Court · 1868
- Danforth v. . SuydamNew York Court of Appeals · 1850