Legal Opinion

Napper v. Fitzpatrick

Michigan Supreme Court

Decided February 27, 1905No. Docket No. 57PublishedCited by 3 opinions

Error to Alpena; Emerick, J. Ejectment by Robert Napper ■ against John E. Fitzpatrick and others. There was judgment for defendants on a verdict directed by the court, and plaintiff brings error.

1Opinion of the CourtGrant, J.

Plaintiff acquired title in fee from the original owner of the lands 'in controversy by the foreclosure of a mortgage. Taxes were not paid, and the defendants Brown and Cullen acquired the tax title upon the usual petition by the auditor general for the foreclosure of tax liens, and petitioned for a writ of assistance. To this the .plaintiff appeared and filed an answer, contesting the va*140lidity of the decree and deed. The reason then assigned was that the decree was prematurely entered. The court entered a decree for the petitioners, granting the writ of assistance. Plaintiff appealed, and…

2Cases cited3 opinions

  1. Hughes v. JordanMichigan Supreme Court · 1898
  2. Peters v. YoungsMichigan Supreme Court · 1899
  3. Brown v. NapperMichigan Supreme Court · 1900

3Cited by3 opinions

  1. Napper v. FitzpatrickMichigan Supreme Court · 1916
  2. Brown v. NapperMichigan Supreme Court · 1906
  3. Kennedy v. London & Lancashire Fire InsuranceMichigan Supreme Court · 1909

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