Hanscom v. Hinman
Michigan Supreme Court
Appeal in Chancery from Kent Circuit. This was a bill to remove an invalid tax title as a cloud upon complainants’ title to certain lands. Defendant interposed a demurrer, which was sustained, and the bill dismissed. Complainant appealed.
1Opinion of the CourtCooley, J.
There is no defect in the averment of complainants of' their ownership of the lands in controversy. They allege their seizin and possession, and that they have a direct chain of title from the government.
The defects in the tax title are abundantly shown. It is sufficient here to note two defects. The lands were resident property, but were put down with non-resident lands on the roll, and they were grouped and jointly assessed with lands owned by the defendant.
It was not necessary for complainants to make any formal tender to defendant before filing their bill. No statute requires it in such a…
2Cited by3 opinions
- Albany & Boston Mining Co. v. Auditor GeneralMichigan Supreme Court · 1877
- Seymour v. PetersMichigan Supreme Court · 1887
- Allen v. MagillOregon Supreme Court · 1920