HATCH v. TURNER


282 A.D. 818 (1953)

Halsey Hatch, Respondent, v. Muriel I. D. Turner et al., Respondents. The People of the State of New York, Intervener, Appellant. (Action No. 1.) Halsey Hatch, Plaintiff, v. Frank L. Bell et al., Defendants. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 2, 1953.


The action is to partition extensive lands in the Adirondacks. 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...

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