People v. Franey
New York Supreme Court
Application for peremptory writ of mandamus, made by the Attorney-General on behalf of the people, to compel the county clerk of Albany county to make and deliver, without compensation, a full abstract of title or official search for a period of about eighty years, affecting lands situate in the county of Albany appropriated by the State for the barge canal.
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Application for peremptory writ of mandamus, made by the Attorney-General on behalf of the people, to compel the county clerk of Albany county to make and deliver, without compensation, a full abstract of title or official search for a period of about eighty years, affecting lands situate in the county of Albany appropriated by the State for the barge canal. Demand was heretofore made on the clerk by the Attorney-General for such abstract, under claimed authority conferred by section 84 of the Executive Law. Such demand is further made under the claim that the search is necessary to enable…
1Opinion of the CourtLeBoeuf, J.
For the period of almost 100 years the canal system of the State has been the subj ect of legislation. During the period of the Revised Statutes, prior to the adoption of the Code of Civil Procedure, the canal system was in existence, and the need to appropriate land also existed, some of the early statutes requiring that, before any damages could be awarded for the taking of such lands, satisfactory abstracts of title and certificates of search as to incumbrances, showing the person demanding such damages or commutation to be legally entitled thereto, should be filed in certain offices.
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2Cases cited1 opinion
- In re the Taxation of Bills for Services Rendered by the County Clerk of Herkimer County to SnyderAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- People v. FraneyAppellate Division of the Supreme Court of the State of New York · 1910