Legal Opinion

Dunn v. Papenfus

Michigan Supreme Court

Decided June 3, 1918No. Docket No. 10PublishedCited by 7 opinions

Appeal from Crawford; Sharpe, J. Bill by Robert W. Dunn against Robert Papenfus to redeem from the sale of land delinquent for taxes. From a decree dismissing the bill, plaintiff appeals. Bill filed for permission to redeem, under the provision of Act No. 229, Pub. Acts 1897, and amendments thereto (1 Comp. Laws 1915, § 4138 et seq.), from tax titles. On March 2, 1892, Pack, Woods & Co. by deed conveyed the property in question to one Ida Farman.

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Appeal from Crawford; Sharpe, J. Bill by Robert W. Dunn against Robert Papenfus to redeem from the sale of land delinquent for taxes. From a decree dismissing the bill, plaintiff appeals. Bill filed for permission to redeem, under the provision of Act No. 229, Pub. Acts 1897, and amendments thereto (1 Comp. Laws 1915, § 4138 et seq.), from tax titles. On March 2, 1892, Pack, Woods & Co. by deed conveyed the property in question to one Ida Farman. The deed contained the following reservations: “Excepting and reserving all of the pine timber on said land and the right of way to take it off and…

1Opinion of the CourtBrooke, J.

(after stating the facts). We agree with the conclusion of the circuit judge that the description was sufficient under the authority of Auditor General v. Sparrow, 116 Mich. 574.

With reference to the alleged excessive fees charged by the sheriff, while this question was not passed upon by the circuit judge, we are of opinion that plaintiff’s contention is untenable. The notice itself provides that a reconveyance may be secured upon payment of certain specified sums—

“and the fees of the sheriff for the service or cost of publication of this notice, to be computed as upon personal service of a…

2Cases cited8 opinions

  1. Auditor General v. SparrowMichigan Supreme Court · 1898
  2. Wait v. BaldwinMichigan Supreme Court · 1886
  3. Dolph v. NortonMichigan Supreme Court · 1909
  4. G. F. Sanborn Co. v. AlstonMichigan Supreme Court · 1908
  5. G. F. Sanborn Co. v. RichterMichigan Supreme Court · 1913

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3Cited by7 opinions

  1. Kerschensteiner v. Northern Michigan Land Co.Michigan Supreme Court · 1928
  2. Burch v. NippressMichigan Supreme Court · 1921
  3. Closser v. AbrahamMichigan Supreme Court · 1938
  4. Morris v. MorrisMichigan Supreme Court · 1920
  5. Le Boeuf v. PappMichigan Supreme Court · 1928

2 more not listed; retrieve them via the Exa API.

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