Andrus v. Wheeler
New York Supreme Court
The comptroller of the state of Hew York, in pursuance of the state tax sales of 1866 and 1871, conveyed by two deeds, one bearing date December 17, 1868, and the other February 2, 1874, the southeast -quarter of Lot 87, Township 8, Old Military Tract, Franklin county, to Albert Andrus. Albert Andrus thereafter died, and the interest thus acquired .by him is now claimed by the plaintiffs.
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The comptroller of the state of Hew York, in pursuance of the state tax sales of 1866 and 1871, conveyed by two deeds, one bearing date December 17, 1868, and the other February 2, 1874, the southeast -quarter of Lot 87, Township 8, Old Military Tract, Franklin county, to Albert Andrus. Albert Andrus thereafter died, and the interest thus acquired .by him is now claimed by the plaintiffs. In 1877 the west half of Lot 87 was sold for unpaid taxes and-bid off by the comptroller for the state and conveyed to the people-June 9, 1881. In 1881 Lot 87 was sold for the unpaid taxes in 1871 to 1876,…
1Opinion of the CourtMcLaughlin, J.
The defendant contests the right of the plaintiffs to maintain this action at all: (1) Because it is to vacate and *648set aside an act of the state — letters-patent; (2) because a determination cannot be had affecting the validity of the instruments in question without the presence of the people as a party; (3) because there is no allegation in the complaint that the plaintiffs are in possession.
The first objection is a novel one, to say the least; that the state can, without any authority, issue to B. letters-patent of land owned by A. and that A. cannot contest the validity of the same because…
2Cases cited5 opinions
- Delaware, Lackawanna & Western Railroad v. ConverseSupreme Court of the United States · 1891
- People v. . TurnerNew York Court of Appeals · 1889
- Vose v. . CockcroftNew York Court of Appeals · 1871
- Joslyn v. . RockwellNew York Court of Appeals · 1891
- Turner v. BoyceNew York Supreme Court · 1895
3Cited by2 opinions
- Andrus v. WheelerAppellate Division of the Supreme Court of the State of New York · 1898
- People v. BainNew York Supreme Court · 1908