Ostrander v. Bell — 234 N.Y. 566

Majority

p. 566

George N. Ostrander et al., Respondents, v. Frank L. Bell et al., Respondents, and The People of the State of New York, Appellant.

Headnote

Real property — title — state — validity of title to real property under comptroller’s deeds.

Ostrander v. Bell, 199 App. Div. 304 , affirmed.

(Argued October 10, 1922;

decided October 27, 1922.)

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial

p. 567

department, entered January 6,1922, unanimously affirming an interlocutory judgment entered upon a decision of the court on trial at Special Term adjudging, in an action for the partition of real property, that the plaintiff George N. Ostrander and the defendant Frank L. Bell were each an owner of an undivided one-half interest in lot 19, Oxbow tract, Hamilton county, and that the People of the State of New York had no right, title or interest therein, except certain liens for taxes. The People claimed title under certain deeds from the comptroller describing and purporting to convey the lands in question.

Charles D. Newton, Attorney-General (William T. Moore of counsel), for appellant.

J. A. Kellogg, George N. Ostrander and Frank L. Bell for respondents.

Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.