Andrus v. Wheeler
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William W. Wheeler, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Franklin on the 11th day of February, 1897, upon the decision of the court, rendered after a trial at the Franklin Trial Term before the court without a jury,, adjudging the plaintiffs to be the owners of the lands therein described, and that the patents of the defendant are a cloud upon the plaintiffs’ title…
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Appeal by the defendant, William W. Wheeler, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Franklin on the 11th day of February, 1897, upon the decision of the court, rendered after a trial at the Franklin Trial Term before the court without a jury,, adjudging the plaintiffs to be the owners of the lands therein described, and that the patents of the defendant are a cloud upon the plaintiffs’ title thereto.
1Opinion of the Court
Putnam, J.:
The defendant’s title to the land described in the complaint was; derived under the tax sales of 1881 and 1885. The learned trial court held that in each of those sales occurred jurisdictional defects-that render the title derived thereunder invalid and void. In his opinion he said: “ At the 1881 sale, the State, upon the assumption that it then owned all of lot 87, rejected all bids therefor, and the whole lot was bid off by the Comptroller for the State. The State did not then own the east half of lot 87 — it did, however, own the west half, and it was the duty of the Comptroller…
2Cited by4 opinions
- Wells v. JohnstonAppellate Division of the Supreme Court of the State of New York · 1900
- Andrus v. WheelerAppellate Division of the Supreme Court of the State of New York · 1898
- Wells v. JohnstonAppellate Division of the Supreme Court of the State of New York · 1900
- Wells v. JohnstonAppellate Division of the Supreme Court of the State of New York · 1900