Berkey v. Burchard
Michigan Supreme Court
Appeal from Ottawa; Padgham, J. Bill by Laura Berkey against George W. Burchard, Jr., John Macfie, Francis Lord, and others, to review a tax sale. Defendant Lord filed an answer in the nature of a cross-bill, praying for like relief. Defendant Burchard also filed an answer in the nature of a cross-bill, praying for a decree quieting his title and for a writ of assistance.
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Appeal from Ottawa; Padgham, J. Bill by Laura Berkey against George W. Burchard, Jr., John Macfie, Francis Lord, and others, to review a tax sale. Defendant Lord filed an answer in the nature of a cross-bill, praying for like relief. Defendant Burchard also filed an answer in the nature of a cross-bill, praying for a decree quieting his title and for a writ of assistance. From a decree dismissing the original bill and the cross-bill of defendant Lord, and granting the relief prayed for by defendant Burchard, complainant appeals.
1Opinion of the CourtMoore, J.
In 1893 Francis Lord was the owner of the 40 acres of land involved in this controversy, and of an adjoining 20 acres of land. In February, 1892, Mr. Lord and his wife gave to Laura Berkey a mortgage upon the entire 60 acres of land for $1,800. In the spring of 1893 the land was assessed to Mr. Lord. The assessment upon the 40 acres was $1,300, and upon the 20-acre parcel $400. No mortgage interest was assessed against Mrs. Berkey. Mr. Lord paid the taxes upon the 20 acres. The 40 acres was returned for nonpayment of taxes. After petition filed by the auditor general and an order made by the…
2Cases cited2 opinions
- Muirhead v. SandsMichigan Supreme Court · 1897
- Ball v. Ridge Copper Co.Michigan Supreme Court · 1898
3Cited by11 opinions
- Tromble v. HoffmanMichigan Supreme Court · 1902
- Rumsey v. GriffinMichigan Supreme Court · 1904
- Smith v. Auditor GeneralMichigan Supreme Court · 1904
- Munroe v. WinegarMichigan Supreme Court · 1901
- Sayers v. O'ConnorMichigan Supreme Court · 1900
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