The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1864-03-18

subscs only the membranes a his mortgage and the
unpaid taxes and assessments and that the title Is not IN
the city az against kir Varnum and ms grantees.
That the sae and conveyance under which tho 70
lators claim title was and is not void BY reason OF the
reservation Of interest al the rate Of six per cent instead
OF seven per cent or by VI the appearance Of Mr.
Draper in tho transaction.
II tho deed TO MIR. Draper void, then NO title
passed under and Tho grant to Mr. Varnum passed the
title without the Of Mr. Draper, and in tho
REALTORS ri was merely voidabe, in substance
and effect vacated aud the grant annusd BY the act and
consent Of all parties 10 IT, and the parties In interest
and Mr. Varnum substituted made the grantee OF tho
city by proper conveyanees.
s. II for any defect, rreguarty or noncompliance
with the forms prescrbed any other the saf
aud conveyance In 1852 vodable at the instance OF
the city or ts creditors the remedy IL probably barred
by the Statute OF Limitations In any event. the long
delay and acquescence is strong evidence OF conhrma
ton and ratification, and would probably cure any de-
fects or Irregularities in tho transaction.
g. That while the REALTORS might have an action against
city for damages for refusal to act in carrying
feet the contract the process OF mandaHus s proper
and the most simple and expeditions method OF determn
ing the rights or the parties
y While IL was proper and probably the duty OF the
Comptroller to resist the claim OF the reators until u
dica decision could be had by proper tribunal it is not
his duty further to ltignte judgment, there i5
probability that tho judgment OF the Supreme Court
a Of aa o OF action
for any thing alleged against the city, tho re-
ators am party 10 the TRANSACTION and that the SUIT
Ogh and now pending in the name OF the people ought
not to affect stay the action Of the city authorities
II stay Of their proceedings is desired the parties
OFO8eCullnE
injunction, be obtained upon the granting Of
which proper indemnity would be given TO the parties
who would sustain injury by their delay.
NEW York, February 20, 1864. W. +. ALLEN.
COPY.
JAuNHY CouRr, 80 WALL STREET.,
New YORK, Jan. ., 1864. J
SUPREME COURT.
PEOPLE, REL, JAMES b. TAYLOR 1T AL, vs. MATTHEW
y. BRENNAN, COMPTROLLER, ETC
MATHEW T. brennan, Esq. Comptroller, &c.
DEAR SR-On the 30h OF July last / served on you
certified copy Of the order Of the general term OF this
Court affirming the order OF the special term in this case
and directing TO proceed to comply with the peremp
tory mandamus which had previously been served on
general term, that no further litigation would be neces
sary my clients directed to suspend further proceed
ngs against you to afford you reasonable time TO pre-.
pare and execute the bonds After delay OF several
the bonds which my clients entitled to receive. As
yet you have given response TO that demand.
IL is, OF course, not my province TO advise you what
may be the consequences OF refusal to comply with
sufficient for TO say that your delay may prove pro-
ductve OF loss to my clients They will therefore
justified resortng TO the most vigorous measures
compel you to perform your duty. IL Is not probable
Having waited what 10 certainly reasonable time
for you do what their decision requires OF you, am
instructed to apply for an attachment against You
unless you Immediately deliver to my clients the bonds
Il will then rest with tho Court TO administer such
punishment be necessary TO enforce ooedience 10
its process Added to this my clients Will hold you per-
sonal!y responsible for such damages 8s they nave al
ready sustained may sustain by your delay. As
your duty is purely MINISTERIAL there cannot be any
doubt about your liability.
1t may not be improper for me 70 add 10 this connec
bonds their part shal hold them In like manner
responsible for damages. Respectfully yours:
HENRY W. JOHNSON