People ex rel. Hall v. Woodruff
Appellate Division of the Supreme Court of the State of New York
Certiorari issued ■ out of .the Supreme Court and attested the . 18th day of July, 1900, directed to Timothy L. Woodruff and others, composing the Board of Commissioners of the Land Office, commanding them to certify" and return to the clerk of the county of Albany ■ all and singular their proceedings in relation to the denial of the application of. the relator for the refunding of moneys by reason of the alleged failure of the title of the State to lands granted under its…
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Certiorari issued ■ out of .the Supreme Court and attested the . 18th day of July, 1900, directed to Timothy L. Woodruff and others, composing the Board of Commissioners of the Land Office, commanding them to certify" and return to the clerk of the county of Albany ■ all and singular their proceedings in relation to the denial of the application of. the relator for the refunding of moneys by reason of the alleged failure of the title of the State to lands granted under its authority to the relator. In the months of August and September, 1891, at a public sale, held by the State Engineer and…
1Opinion of the Court
Edwards, J.:
The application of the relator to the Commissioners of the Land ' Office for the refunding to him of the purchase moneys paid by him to the State for the patents to him of the lots in question was based on the provisions of section 5 of the Public Lands Law (Laws of 1894, chap. 311), which reads as follows: “ Whenever the title of the state to lands granted under its authority fails, and a legal claim for compensation on account of such failure is preferred by any person entitled thereto, the commissioners of the land office shall direct the payment of the original purchase moneys…
2Cases cited4 opinions
- Murray v. BallouNew York Court of Chancery · 1815
- People Ex Rel. Harris v. Commissioners of the Land OfficeNew York Court of Appeals · 1896
- People Ex Rel. Ostrander v. . ChapinNew York Court of Appeals · 1887
- In re OlmsteadNew York Supreme Court · 1895
3Cited by2 opinions
- Wheeler v. . State of New YorkNew York Court of Appeals · 1907
- Johnson v. StateAppellate Division of the Supreme Court of the State of New York · 1919