Wisner v. Davenport
Michigan Supreme Court
Case made after judgment from Genesee Circuit. The action was ejectment for lands in the township of Atlas. On the trial before Hon. S. M. Green, at the June Term, 1856, plaintiff proved title from the United States. The defendant gave in evidence deeds in due form, issued upon sales of the same lands for taxes delinquent for the years 1845; 1846, and 1847. Under these deeds defendant ■ ■claimed title.
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Case made after judgment from Genesee Circuit. The action was ejectment for lands in the township of Atlas. On the trial before Hon. S. M. Green, at the June Term, 1856, plaintiff proved title from the United States. The defendant gave in evidence deeds in due form, issued upon sales of the same lands for taxes delinquent for the years 1845; 1846, and 1847. Under these deeds defendant ■ ■claimed title. The plaintiff, to show the invalidity of said deeds, introduced in evidence the tax - rolls for the years mentioned, with the supervisors’ warrants annexed, which did not run in the name of the…
1Opinion of the Court
Martin Ch. J.:
The first charge of the Court below was clearly wrong. This precise question was decided in Tweed vs. Metcalf, 4 Mich. 579.
The second charge was also erroneous, in holding that the township board had no power to raise money for township purposes without a vote of the people. Sec. 40 of Chap. 1, Title IY. of Revised Statutes of 1838 (p. 64) provides that the township board shall audit and settle all claims against the township; and the allowance of any sum on account of such claims, as well as any sum directed by vote of the township meeting to be raised -for township purposes,…
2Cases cited1 opinion
- Tweed v. MetcalfMichigan Supreme Court · 1857
3Cited by6 opinions
- Christiansen v. HilberMichigan Supreme Court · 1937
- Hunt v. Supreme CouncilMichigan Supreme Court · 1887
- Walsh v. TaittMichigan Supreme Court · 1905
- Haley v. ElliottSupreme Court of Colorado · 1891
- Dudgeon v. HaggartMichigan Supreme Court · 1868
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