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GIFFORD v. WHITTEMORE

3 Misc.2d 389 (1956)

Jay Gifford, Plaintiff, v. Rupert H. Whittemore et al., Defendants.

Supreme Court, Warren County.

May 19, 1956.

Attorney(s) appearing for the Case

Jacob K. Javits, Attorney-General (Warren H. Gilman and Emil Woldar of counsel), for People of the State of New York, defendant.

J. Theodore Cross and George R. Davis for plaintiff.

FELIX J. AULISI, J.

This is an action for the partition of certain real estate known as Lots 4 and 5 in the Luzerne Tract, town of Luzerne, county of Warren, State of New York.

It is alleged in the complaint that said lots were sold at public sale on behalf of the State of New York by the Surveyor General of the State to Moody Ames and John Catlin in 1831; that in accordance with the terms of the certificates of sale 25% of the purchase price...

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