Legal Opinion

McGinley v. Calumet & Hecla Mining Co.

Michigan Supreme Court

Decided July 11, 1899PublishedCited by 11 opinions

Appeals from Luce; Steere, J. Bill by Charles A. McGinley and Frank Gregory against the Calumet & Hecla Mining Company, the Hall & Munson Company, and Frank Perry to quiet complainants’ title to lands claimed by them under a tax deed. From a decree dismissing the bill, and granting affirmative relief to defendants Hall & Munson Company and Perry, complainants appeal.

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Appeals from Luce; Steere, J. Bill by Charles A. McGinley and Frank Gregory against the Calumet & Hecla Mining Company, the Hall & Munson Company, and Frank Perry to quiet complainants’ title to lands claimed by them under a tax deed. From a decree dismissing the bill, and granting affirmative relief to defendants Hall & Munson Company and Perry, complainants appeal. Petition by the Hall & Munson Company and Frank Perry against Roscoe D. Dix, auditor general, Charles A. McGinley, and Frank Gregory to set aside the tax sale in question. From an order dismissing the petition, petitioners appeal.

1Opinion of the CourtMontgomery, J.

These two cases involve the same question, namely, whether a sale of certain lands in the township of McMillan, Luce county, for the taxes of 1893, under a decree of the circuit court for Luce county, in chancery, made November 16, 1895, is valid. We need consider but a single question. The day of hearing fixed by the order of the court, notice of which was published, was November 12th. The court, after entering a decree on the 16th day of November, adjourned without day. This avoids the decree, under our decision in Peninsular Savings Bank v. Ward, 118 Mich. 87, to which we adhere, unless,…

2Cases cited3 opinions

  1. Peninsular Savings Bank v. WardMichigan Supreme Court · 1898
  2. People v. EdwardsMichigan Supreme Court · 1892
  3. Simonson v. DurfeeMichigan Supreme Court · 1883

3Cited by11 opinions

  1. W. H. Warner Coal Co. v. NelsonMichigan Supreme Court · 1918
  2. Duck v. McQueenMichigan Supreme Court · 1933
  3. Aztec Copper Co. v. Auditor GeneralMichigan Supreme Court · 1901
  4. John Widdicomb Co. v. CardMichigan Supreme Court · 1922
  5. Bending v. Auditor GeneralMichigan Supreme Court · 1904

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