501 



except an undivided half on which subsequent taxes were paid by 

 W. W. & G. W. Hartwell, each of those lots 164 acres. dn the 

 same page I find the same town of Brighton, lot 30, of the same 

 purchase, tract and township was sold at the 1877 tax sale; lot 30 

 except an undivided one-fourth paid by Albert Turner, an undivided 

 one-fourth paid by Chauncey Turner, 164 acres; in the 1881 tax sale 

 lot 30 except an undivided one-half paid by W. W. & G. W. Hartwell, 

 164 acres. On the 216th page the 'same lot, lot 30 sold at the 1885 

 tax sale and described lot 30, except an undivided one-half on which 

 subsequent taxes were paid by W. W. & G. W. Hartwell. 



Q. So that you will see the trespass about which they are speaking, 

 that it could hardly be called a trespass, it was merely the taking of 

 one joint owner, it was merely the settlement of their undivided inter- 

 ests; Mr. Hartwell having taken the timber off the whole lot, and the 

 State made claim to it and the matter was adjusted between the 

 Comptroller's office and Mr. Hartwell; Mr, Stanton acting in the one 

 case and Van Buren Miller in the other for the Comptroller's office 

 and prior to the forest commission taking charge of it at all; now, 

 I offer in evidence right in connection with this, and in connection 

 with the offer that the counsel has seen fit to drag in here, and we 

 shall ask to submit the other exhibit from the Comptroller's office 

 with reference to the other lots which they have spoken of here; we 

 had only our statement made with reference to lots 213, 214 and 255, 

 they bring in a certificate here that the State has no title to those lots 

 at the present time; we have a certificate dated March tenth. 



The Forest Commission, Albany, N. Y. : 



Gentlemen. — It appears from an examination of our books and 

 records, that the State acquired title, from the 187T tax sale, to the 

 southeast one-quarter of lot 213 and all of lot 214, township 9, Old 

 Military tract, Franklin county, and to all of each of said lots 213 

 Und 214 from the 1881 tax sale, and that said tax sales thereof, oh the 

 application of Millard F. Parkhurst, dated December 8, 1885, were 

 duly cancelled April 30, 1887. 



It further appears that lot 255 of said township 9, to which the 

 State had acquired title from the 1881 tax sale, was duly redeemed 

 therefrom January 12, 1886, by A. L. Inman, on payment of $303.05, 

 under proof of the service of notice required and authorized^ by 

 Bections 68, 69, 70 and 71, of chapter 427, Laws of 1855. 



Respectfully yours. 



Z. S. WESTBKOOK, 



Deputy^ Comptroller. 



