People ex rel. Brooklyn Union Elevated Railroad v. Morgan
Appellate Division of the Supreme Court of the State of New York
Certiorari issued out of the Supreme Court and attested on the 2lst day of August, 1901, directed to William J. Morgan, as Comptroller of the State of New York, commanding him to certify and return to the office of the clerk of the'eounty of Albany all and singular his proceedings had in denying the application of Anson R. Flower and another, relators herein, to redeem lands from a sale by the respondent for unpaid taxes.
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Certiorari issued out of the Supreme Court and attested on the 2lst day of August, 1901, directed to William J. Morgan, as Comptroller of the State of New York, commanding him to certify and return to the office of the clerk of the'eounty of Albany all and singular his proceedings had in denying the application of Anson R. Flower and another, relators herein, to redeem lands from a sale by the respondent for unpaid taxes. The relator Flower, in March, 1899, purchased the lands in question upon a salé in foreclosure of a mortgage held by the relator the Central Trust Company. Thereafter the…
1Opinion of the Court
Chester, J.:
It is conceded that the time for redemption from this tax sale had not expired when the application to redeem and the tender of the full amount of money required for such redemption were made • to the Comptroller. The law in force at the time authorized such, redemption to be made by “ the holder of any mortgage which is duly recorded at the time of the sale.” (Tax Law [Laws of 1896, chap. 908], § 139, as amd. by Laws of 1897, chap. 373.)
It is, therefore, entirely clear that if the mortgage had not been foreclosed, and the holder of the mortgage, the Central Trust Company, had…
2Cases cited3 opinions
- Rector of Christ Protestant Episcopal Church v. MacKNew York Court of Appeals · 1883
- Townshend v. . ThomsonNew York Court of Appeals · 1893
- Green v. MusseyAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by3 opinions
- In re KesslerAppellate Division of the Supreme Court of the State of New York · 1938
- Patchogue Security Holding Corp. v. GeorgeNew York Supreme Court · 1939
- Hope v. SeamanNew York Supreme Court · 1909