41 N.Y.S. 760 | N.Y. App. Div. | 1896
The relator is the owner of certain property- in the city of Brooklyn, which, on the 10th day of April, 1895, was sold- by the registrar of arrears of said city for arrears of taxes to one John H. Becker, for the sum of $1,225. The sum realized by the sale resulted in a surplus, over and above the amount due the city for taxes and expenses, of $1,182.11. The tax purchaser has given the
. The only question remaining is whether the wife of the relator has such an interest in the lands as would enable her hereafter to redeem and defeat the title of the tax buyer. The language of the statute (§ 5) is : “ Any person or persons having an estate in, or any mortgagee of any of, the lands and premises sold in pursuance of the third section of this title, whose estate or lien appears of record in the county of Kings, may at any time before the expiration of one year after notice shall have been given to him of such sale * * * redeem said lands and premises,” etc. It is settled by authority that a wife, during the lifetime of her husband, has no estate in the land of the latter. In Moore v. The Mayor (8 N. Y. 110) it was held that the wife had no. estate as against proceedings for condemnation. The same principle was also held in Witthaus v. Schack (105 N. Y. 332). In Clifford v. Kampfe (141 N. Y. 383) the right of a wife to maintain an action to set aside a deed by which her inchoate right of dower was apparently transferred was upheld, but while it was held that her inchoate right of dower was a. valu
We are of opinion, however, as stated in Sutherland v. The City of Brooklyn (supra), that the relator, as a condition of obtaining this surplus, should execute a release of all his interest in the land to the tax buyer, which release should be delivered to the comptroller for the purchaser’s benefit.
The order appealed from should be affirmed, with costs, upon the relator executing the release above prescribed.
All concurred.
Order appealed from affirmed, with costs, upon the relator depositing with the comptroller a release of all his interest in the premises sold to the tax purchaser.