Gates v. Johnson
Michigan Supreme Court
Error to Sanilac; Beach, J. Ejectment by Charles E. Gates against Freeman B. Johnson. From a judgment for plaintiff on verdict directed by the court, defendant brings error. This is an action of ejectment. Plaintiff’s title rests upon a deed made by the auditor general upon a sale of the land for the taxes of 1891. By what title defendant claims, does not appear; the record simply showing that he was in possession of the land.
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Error to Sanilac; Beach, J. Ejectment by Charles E. Gates against Freeman B. Johnson. From a judgment for plaintiff on verdict directed by the court, defendant brings error. This is an action of ejectment. Plaintiff’s title rests upon a deed made by the auditor general upon a sale of the land for the taxes of 1891. By what title defendant claims, does not appear; the record simply showing that he was in possession of the land. Three objections are urged against the validity of the tax deed: 1. That the court was not in session for five days after the date set for hearing in tax matters. 2.…
1Opinion of the CourtGrant, C. J.
{after stating the facts). 1. The hearing upon the petition of the auditor general was fixed for November 13, 1893. Court was in session upon that and the following day. The circuit court journal shows that this was a special term; that the court had a hearing in tax matters; that an adjournment was duly had from the 14th to the 15th. On the 15th, court was opened in due form by the sheriff, and, the circuit judge not appearing, court was adjourned at 6 o’clock p. m. until the following day. The like proceeding was had on November 16th and 17th, and on the 18th, the judge not appearing, the…
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