Legal Opinion

McFarlane v. Simpson

Michigan Supreme Court

Decided June 27, 1908No. Docket No. 4PublishedCited by 1 opinion

Appeal from Ontonagon; Cooper, J. Petition by William McFarlane against Alexander T. Simpson for a writ of assistance as purchaser under a tax sale. Respondent filed an answer in the nature of a cross-bill making James B. Bradley, auditor general, a party defendant, and asked to have said sale set aside. From a decree for respondent, petitioner appeals.

1Opinion of the CourtMontgomery, J.

The petitioner presented his petition for a writ of assistance as purchaser from the State under a tax sale for the taxes of 1893. The respondent filed an answer to the petition, which he asked to have treated as a cross-bill, and included in the answer a prayer for relief and made the auditor general a party. Some question has been made as to the propriety of the practice, and there is pending a motion to strike from the files a certificate obtained by the defendant from the circuit judge, which motion is to be determined with the case. Inasmuch as the certificate of the circuit judge, as…

2Cases cited3 opinions

  1. Eldridge v. RichmondMichigan Supreme Court · 1899
  2. Bending v. Auditor GeneralMichigan Supreme Court · 1904
  3. Owens v. Auditor GeneralMichigan Supreme Court · 1907

3Cited by1 opinion

  1. Holmes v. SouleMichigan Supreme Court · 1914

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