Jacobsen v. Nieboer

I do not concur with the Chief Justice as to the effect to be given to the so-called scavenger act (Act No. 155, Pub. Acts 1937, as amended by Act No. 244, Pub. Acts 1939 [Comp. Laws Supp. 1940, § 3723-1 et seq., Stat. Ann. 1940 Cum. Supp. §7.951 et seq.]). The provision in this act that a State tax deed cuts off existing liens and incumbrances is substantially the same as that in previous tax laws under which we have held that a mortgagor cannot take advantage of his own default in paying-taxes and defeat the mortgage lien by subsequently obtaining a tax title. When the defendants herein…