Hatch v. Turner

— Appeal from an order of the Supreme Court, Franklin County. The action is to partition extensive lands in the Adirondaeks. The State of New York, on an affidavit showing an interest in the lands under tax sales and tax deeds, moves to intervene. The proposed answer of the State sets forth a counterclaim asserting that the State is “ seized and possessed in fee ownership ” of all the lands described in the complaint and sought to be partitioned. This is the kind of an assertion which usually would be expected to lead to the granting of a right to intervention as a matter of course. (Civ.…