People Ex Rel. Ostrander v. . Chapin
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, made ¡November 15, 1887, which affirmed the proceedings of Alfred C. Chapin, comptroller of the state, denying the petition of the relators for the refunding of the purchase-money paid for lands upon a sale for taxes which has been declared invalid.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, made ¡November 15, 1887, which affirmed the proceedings of Alfred C. Chapin, comptroller of the state, denying the petition of the relators for the refunding of the purchase-money paid for lands upon a sale for taxes which has been declared invalid. (Reported below, 46 Hun, 383.) The petition upon which the certiorari was granted discloses that, at the state tax sale of 1859, certain lands in Essex county were sold to one Orson Richards, who, after receiving a deed ' from the comptroller, conveyed…
1Opinion of the CourtAndrews, J.
The sole question is whether on a cancellation by the comptroller, pursuant to section 85 of chapter 427 of the Laws of 1855, of a sale of lapds for taxes, made after a conveyance had been executed by the comptroller to the purchaser at the tax sale, and also after the purchaser had mortgaged and conveyed by warranty deed, the lands purchased on the sale, the right to the money paid by the purchaser on his purchase at the tax sale, which money, by section 85, the comptroller is directed to refund out of the state treasury to the “ purchaser, his representatives, or assigns,” is vested in the…
2Cases cited2 opinions
- Robinson v. . RyanNew York Court of Appeals · 1862
- People Ex Rel. Ostrander v. . ChapinNew York Court of Appeals · 1887
3Cited by5 opinions
- Gorham Mfg. Co. v. TravisDistrict Court, S.D. New York · 1921
- In re HarrisNew York Supreme Court · 1895
- In re OlmsteadNew York Supreme Court · 1895
- Olmstead v. RobertsNew York Supreme Court · 1910
- Harris v. Commissioners of the Land OfficeNew York Supreme Court · 1895