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 24, 1886, which affirmed an order of Special Term directing the issuing of a peremptory writ of mandamus directed to the comptroller of the State, requiring him to proceed to hear and determine the application of the relators for the cancellation of a tax sale and refunding the purchase-money. The facts appear sufficiently in the opinion.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, made November 24, 1886, which affirmed an order of Special Term directing the issuing of a peremptory writ of mandamus directed to the comptroller of the State, requiring him to proceed to hear and determine the application of the relators for the cancellation of a tax sale and refunding the purchase-money. The facts appear sufficiently in the opinion. The determination of the comptroller was justified. (Laws of 1855, chapter 427, § 83.) The affidavit of the purchaser could not stand as a substitute…
1Opinion of the CourtRapallo, J.
The question presented by this appeal is, whether the comptroller can be required by mandamus to Lear and determine an application made to him by a purchaser at a State tax sale of real estate, to cancel the sale and refund the purchase-money, where the purchaser alleges that the tax was invalid and presents proof in support of ins allegation.
Chapter 427 of' the Laws of 1855, section 83, provides as follows: “ Whenever the comptroller shall discover, prior to the conveyance of any lands sold for taxes, that the sale was, for any cause whatever, invalid or ineffectual to give title to the…
2Cases cited3 opinions
- Bellinger v. . GrayNew York Court of Appeals · 1873
- Stief v. . HartNew York Court of Appeals · 1847
- Blake v. . GriswoldNew York Court of Appeals · 1887
3Cited by20 opinions
- People v. . InmanNew York Court of Appeals · 1910
- People ex rel. Percival v. CramAppellate Division of the Supreme Court of the State of New York · 1900
- People Ex Rel. Millard v. . RobertsNew York Court of Appeals · 1897
- Mutual Benefit Life Ins. v. First National BankCourt of Appeals of Kentucky · 1903
- Dental Society v. JacobsAppellate Division of the Supreme Court of the State of New York · 1905
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