People Ex Rel. Staples v. . Sohmer
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 11, 1912, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus to compel defendant to receive payment of unpaid taxes on certain real estate and to cancel a tax deed thereof. The facts, so far as material, are stated in the opinion. The purchaser at the comptroller’s tax „ sale is not a necessary party.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 11, 1912, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus to compel defendant to receive payment of unpaid taxes on certain real estate and to cancel a tax deed thereof. The facts, so far as material, are stated in the opinion. The purchaser at the comptroller’s tax „ sale is not a necessary party. (Matter of Jones, 18 Hun, 327; Clementi v. Jackson, 92 N. Y. 591; People ex rel. Nat. P. Bank v. Metz, 141 App. Div. 600.) The comptroller…
1Opinion of the Court
Cullen, Ch. J.
The relators were the owners of a lot of land in Westchester county which was sold in November, 1859, by the comptroller for default in the payment of taxes for the year 1855. Pursuant to such sale, in June, 1862, the comptroller made a conveyance of the premises to one Kidder, the assignee of 'the tax purchaser, the deed being recorded in the office of the register of Westchester county in November, 1863. The description of the property sold as stated in the conveyance is: “The following tract, piece or parcel of land situated in the County of Westchester, viz.: One-fourth of…
2Cases cited7 opinions
- The People Ex Rel. Millard v. . ChapinNew York Court of Appeals · 1887
- Brevoort v. . the City of BrooklynNew York Court of Appeals · 1882
- Matter of Applicat'n of Clementi v. . JacksonNew York Court of Appeals · 1883
- People Ex Rel. Wright v. . ChapinNew York Court of Appeals · 1886
- People Ex Rel. Cooper v. Registrar of Arrears of BrooklynNew York Court of Appeals · 1889
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3Cited by12 opinions
- Leventhal v. MichaelisNew York Supreme Court · 1961
- Slud v. Guild Properties, Inc.New York Supreme Court · 1952
- Matter of Curtin v. DormanNew York Court of Appeals · 1944
- Bandler v. HillNew York Supreme Court · 1914
- Biuso v. KurkillAppellate Division of the Supreme Court of the State of New York · 1990
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