Legal Opinion

People ex rel. Tire Flint & Pere Marquette Railway Co. v. County Treasurer of Saginaw County

Michigan Supreme Court

Decided June 15, 1875PublishedCited by 6 opinions

Application for Mandamus. Mandamus is sought to require the respondent to accept moneys tendered him for .redemption of lands sold for taxes. The amount tendered was the sum for which the lands were sold, with interest at the rate of twenty-five per cent., in accordance with the provisions of the tax law, as amended by the act of 1875 (Laws of 1875, Act No. 17) ; but the treasurer declined to receive it, on the ground that the act, as it stood before the amendment (Clomp.

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Application for Mandamus. Mandamus is sought to require the respondent to accept moneys tendered him for .redemption of lands sold for taxes. The amount tendered was the sum for which the lands were sold, with interest at the rate of twenty-five per cent., in accordance with the provisions of the tax law, as amended by the act of 1875 (Laws of 1875, Act No. 17) ; but the treasurer declined to receive it, on the ground that the act, as it stood before the amendment (Clomp. L. 1871, § 1059), required the payment of interest at fifty per cent., and that, as these lands were sold for the taxes…

1Opinion of the Court

The Court

held that the amended section took the place of and repealed the original one; and, being the only act in force providing for redemption, it must govern; that it must be assumed that such was the intention of the legislature, as the only alternative would be to infer an inten*262tion to cut off all right of redemption as to prior sales, which would not only be contrary to the uniform state policy in that regard, and therefore not to be deduced by slight inference, but it would, moreover, affect injuriously the rights of those who before were entitled to redeem; that th'e additional…

2Cases cited1 opinion

  1. Smith v. HumphreyMichigan Supreme Court · 1870

3Cited by6 opinions

  1. Jones v. WilliamsTexas Supreme Court · 1931
  2. People v. LowellMichigan Supreme Court · 1930
  3. Henry v. McKayWashington Supreme Court · 1931
  4. Webster v. Auditor GeneralMichigan Supreme Court · 1899
  5. City of Detroit v. Safety Investment Corp.Michigan Supreme Court · 1939

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