People Ex Rel. Turner v. . Kelsey
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered July 6, 1904, which reversed on certiorari a determination of the defendant granting an application by the state for the redemption of certain lands theretofore bid in by the relator upon a sale for the non-payment of taxes and denying an application by the relator for the issuance of a deed thereof to him. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered July 6, 1904, which reversed on certiorari a determination of the defendant granting an application by the state for the redemption of certain lands theretofore bid in by the relator upon a sale for the non-payment of taxes and denying an application by the relator for the issuance of a deed thereof to him. The facts, so far as material, are stated in the opinion. The state in its sovereign capacity must be deemed to be in actual occupancy of land owned by it. (L. 1900, ch. 20 ;…
1Opinion of the CourtHaight, J.
The relator became a purchaser of a large tract of land in the Forest Preserve upon a sale made by the comptroller of the state in December, 1900. At the time of such sale the title to the land was in dispute between the state and individuals, but subsequently the controversy was adjusted and the individuals claiming to be owners executed and delivered to the People of the state a quitclaim deed but specifically stating therein that it was subject to all taxes upon the land and tax sales thereof. It thus became the duty of the state, through its proper officers or agents, to redeem the land…
2Cases cited2 opinions
- Wells v. . JohnstonNew York Court of Appeals · 1902
- People Ex Rel. Forest Commission v. . CampbellNew York Court of Appeals · 1897
3Cited by16 opinions
- Clark v. KirklandAppellate Division of the Supreme Court of the State of New York · 1909
- Banner Milling Co. v. StateNew York Court of Claims · 1921
- Ostrander v. BellAppellate Division of the Supreme Court of the State of New York · 1921
- Helms v. DiamondNew York Supreme Court · 1973
- Helms v. ReidNew York Supreme Court · 1977
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