Sinclair v. Learned
Michigan Supreme Court
Error to Huron. ' (Stevens, J.) EjbotmeNT. Plaintiff brings error. A sheriff’s deed on statutory foreclosure is invalid if not deposited with the register of deeds within a year from the-date of sale : Doyle v. Howard 16 Mich. 261; and the deed itself is not sufficient evidence of the regularity of the sale without proof that the statute was complied with: Barman-v. Qa/rhartt 10 Mich. 338 ; Hebert v. Bulte 42 Mich. 489 ; a tax is void if not legally assessed: Joyner v. Sch.
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Error to Huron. ' (Stevens, J.) EjbotmeNT. Plaintiff brings error. A sheriff’s deed on statutory foreclosure is invalid if not deposited with the register of deeds within a year from the-date of sale : Doyle v. Howard 16 Mich. 261; and the deed itself is not sufficient evidence of the regularity of the sale without proof that the statute was complied with: Barman-v. Qa/rhartt 10 Mich. 338 ; Hebert v. Bulte 42 Mich. 489 ; a tax is void if not legally assessed: Joyner v. Sch. Dist. & Cush. 572; Cooley on Taxation 3.
1Opinion of the CourtCooley, J.
In this action of ejectment the plaintiff claims the land in controversy under deeds from the Auditor General given on sales thereof for delinquent taxes of the years 1861 and 1862, and also by a quitclaim deed from the original purchaser from the United States, bearing date in 1880. The defendants, on the other hand, claim to have acquired the title of the patentee through the" foreclosure in 1866 of a mortgage given by him in 1859; and as the mortgage does not appear to be disputed, the foreclosure, if valid, .would have left nothing for a subsequent quit-@laim by the patentee to operate…
2Cases cited23 opinions
- People v. LynchCalifornia Supreme Court · 1875
- Merrill v. HumphreyMichigan Supreme Court · 1871
- Case v. DeanMichigan Supreme Court · 1867
- Hartwell v. RootNew York Supreme Court · 1822
- Boardman v. BeckwithSupreme Court of Iowa · 1865
18 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Municipal Investors Ass'n v. City of BirminghamMichigan Supreme Court · 1941
- State Tax-Law CasesMichigan Supreme Court · 1884
- Liddon v. HodnettSupreme Court of Florida · 1886
- Lucas v. PurdySupreme Court of Iowa · 1909
- Colton v. RupertMichigan Supreme Court · 1886
23 more not listed; retrieve them via the Exa API.