Murphy v. Campau
Michigan Supreme Court
Error to Wayne Circuit. This was ejectment brought by Campau against plaintiffs in error. He claimed title under a Detroit city tax lease dated June 16, 1874, and running two years from that date.
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Error to Wayne Circuit. This was ejectment brought by Campau against plaintiffs in error. He claimed title under a Detroit city tax lease dated June 16, 1874, and running two years from that date. The tax sale was made June 16, 1873, upon a bid of two years, under a provision of the charter that tax sales shall be made at public auction for the lowest term of years at which any person shall offer to take the same in consideration of advancing the delinquent tax or assessment, and providing for redemption at any time within a year after the sale. It was urged that the term should begin from…
1Opinion of the Court
Cooley, J:
The circuit judge was right in the view he took of the tax lease. ' The term should begin from the time when redemption expired. But we do not understand the grounds on which the jury were instructed to find a verdict for the plaintiff. There was no distinct .evidence that defendants occupied all the lands claimed; and all the testimony tends to show that there was no joint occupation at all. At any rate, the evidence was not so clear but that the jury would have been justified in finding that each defendant held what he occupied to the exclusion of the others. On this ground the…
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