Legal Opinion

Conley v. McMillan

Michigan Supreme Court

Decided July 11, 1899PublishedCited by 3 opinions

Appeal from Macomb; Eldredge, J. Petition by Catherine Conley and others against Alexander McMillan and Charles Cannell to„ set aside a tax sale. From an order granting the prayer of the petition, defendants appéal.

1Opinion of the CourtMontgomery, J.

This is a petition to set aside a sale of lands for taxes under a decree rendered by the circuit court for the county of Macomb, in chancery. The petition was presented to the court in which the decree was rendered, and the relief prayed was granted. The grounds upon which the relief was afforded were two:

1. That the treasurer failed to resort to personal property on the premises for the collection of the tax.

2. That the warrant for the collection of taxes was returned to the county treasurer on February 26th, instead of March 1st.

The statute (section 42, Act No. 206, Pub. Acts 1893) reads:

“Th…

2Cases cited4 opinions

  1. Thatcher v. PowellSupreme Court of the United States · 1821
  2. Auditor General v. SparrowMichigan Supreme Court · 1898
  3. Millard v. HaywardMichigan Supreme Court · 1895
  4. Bailey v. HaywoodMichigan Supreme Court · 1888

3Cited by3 opinions

  1. Sayers v. Auditor GeneralMichigan Supreme Court · 1900
  2. McQuade v. State Land Office BoardMichigan Supreme Court · 1948
  3. Conley v. Auditor GeneralMichigan Supreme Court · 1900

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