Quinlon v. Rogers
Michigan Supreme Court
Error to Wayne Circuit, where Rogers brought ejectment to recover certain premises in the city of Detroit. These premises were sold in 1854 for delinquent State and county taxes of 1853, and bid in by the State, and were subsequently re-sold by the State in 1855 to the plaintiff, and a deed given therefor April 17, 1856. Under this deed, which was recorded in the office of the register of deeds April 24, 1856, the plaintiff claimed title.
Read the full summary
Error to Wayne Circuit, where Rogers brought ejectment to recover certain premises in the city of Detroit. These premises were sold in 1854 for delinquent State and county taxes of 1853, and bid in by the State, and were subsequently re-sold by the State in 1855 to the plaintiff, and a deed given therefor April 17, 1856. Under this deed, which was recorded in the office of the register of deeds April 24, 1856, the plaintiff claimed title. The suit was commenced more than two years after the recording of the deed. On the trial in the Circuit Court Quinlon offered evidence to show that the…
1Opinion of the Court
By the Court:
The Legislature in making the rule that a deed recorded two years should be conclusive, did not design to leave parties without the means of testing it in the mean time. The remedy they provided was held void in Waldby v. Callendar. There is no other adequate remedy, and we think the whole statute was' designed to go together; so that, the remedy failing, the whole provision falls with it.
Judgment reversed, with costs, and a new trial ordered.
2Cited by8 opinions
- Parshall v. StateCourt of Criminal Appeals of Texas · 1911
- Carey v. CagneySupreme Court of Louisiana · 1902
- Randolph v. Builders & Painters Supply Co.Supreme Court of Alabama · 1894
- Campau v. City of DetroitMichigan Supreme Court · 1866
- Blades v. Board of Water CommissionersMichigan Supreme Court · 1899
3 more not listed; retrieve them via the Exa API.