McFarlane v. Simpson
Michigan Supreme Court
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
- Eldridge v. RichmondMichigan Supreme Court · 1899
- Bending v. Auditor GeneralMichigan Supreme Court · 1904
- Owens v. Auditor GeneralMichigan Supreme Court · 1907
3Cited by1 opinion
- Holmes v. SouleMichigan Supreme Court · 1914