People ex rel. Holbrook v. Treasurer of Detroit
Michigan Supreme Court
Motion for a mandamus. The relator being the owner of an undivided interest, in a lot in the city of Detroit, which had been sold for city taxes assessed thereon for the year 1857, applied to the city treasurer to redeem such undivided interest from the sale, and claimed a right to do so on payment of a proportionate amount of the tax assessed upon the whole lot.
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Motion for a mandamus. The relator being the owner of an undivided interest, in a lot in the city of Detroit, which had been sold for city taxes assessed thereon for the year 1857, applied to the city treasurer to redeem such undivided interest from the sale, and claimed a right to do so on payment of a proportionate amount of the tax assessed upon the whole lot. The treasurer refused to receive a portion only of the tax, and denied the right to redeem any interest in the land except on payment of the whole tax. The relator thereupon applied for a mandamus.
1Opinion of the Court
Campbell J.:
The only question in this case is, whether an owner of an undivided interest in a piece of property which has been assessed without division, can redeem his share from a sale for city taxes.
The city charter, providing' for the assessment of property, is silent as to its details, but as the 'same roll is the basis of all taxation, the general statutes apply so far as not modified by the charter. Under these, no doubt can exist concerning the right to assess undivided interests. And the law expressly provides for the redemption of any undivided interest whatever.
I think the charter…
2Cited by8 opinions
- Hoyt v. LightbodySupreme Court of Minnesota · 1906
- Smith v. HughesSupreme Court of Oklahoma · 1929
- Barnes v. City of DetroitMichigan Supreme Court · 1967
- Jacobs v. PorterSupreme Court of Iowa · 1872
- Barnes v. City of DetroitMichigan Court of Appeals · 1965
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