Legal Opinion

People Ex Rel. Forest Commission v. . Campbell

New York Court of Appeals

Decided March 2, 1897No. 1; 2PublishedCited by 14 opinions

Appeals from orders of the General Term of the Supreme Court in the third judicial department, entered January 8, 1895, which quashed writs of certiorari in each of the above-entitled proceedings. Proceeding Flo. 1 was instituted to review the action of former Comptroller Wemple in canceling the sale of certain lands made to the state in 1877 within -the limits of the forest preserve for unpaid taxes.

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Appeals from orders of the General Term of the Supreme Court in the third judicial department, entered January 8, 1895, which quashed writs of certiorari in each of the above-entitled proceedings. Proceeding Flo. 1 was instituted to review the action of former Comptroller Wemple in canceling the sale of certain lands made to the state in 1877 within -the limits of the forest preserve for unpaid taxes. This cancellation was granted upon the ground that certain taxes had been paid before the sale. Application was thereafter made to Comptroller Campbell, the successor of Comptroller Wemple, to…

1Opinion of the CourtBartlett, J.

This appeal calls upon us to determine the powers of the forest commission under the original act of its creation (Chap. 283, Laws of 1885) and subsequent legislation upon the same subject.

A brief statement of the facts will make clear the situation which led to the institution of these proceedings. At a tax sale in 1877 the comptroller bought in the property in question, being a part of the present forest preserve, and in June, 1881, executed a deed to the state, which was recorded on the 8th of June, 1882, in Franklin county.

In March, 1887, the People of the state of Fiew York commenced an…

2Cases cited2 opinions

  1. People v. . TurnerNew York Court of Appeals · 1895
  2. People Ex Rel. Second Avenue Railroad v. Board of Commissioners of the Department of Public ParksNew York Court of Appeals · 1884

3Cited by14 opinions

  1. Saranac Land & Timber Co. v. RobertsNew York Court of Appeals · 1909
  2. People Ex Rel. v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1898
  3. People v. BaldwinAppellate Division of the Supreme Court of the State of New York · 1921
  4. People Ex Rel. Turner v. . KelseyNew York Court of Appeals · 1904
  5. People v. Santa Clara Lumber Co.New York Supreme Court · 1907

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