Haden v. Closser
Michigan Supreme Court
Case made from Chippewa; Steere, J. Ejectment by John F. Haden against Dayton W. Glosser and others. There was judgment for defendants on a verdict directed by the court, and plaintiff appeals. This is an action of ejectment to recover the standing timber on the W |, I E ], section 23, town 44 N, range 4 W, in Chippewa county. It is brought here on a case made. Plaintiff claims title through a tax deed from the State-Defendants are the owners of the original title.
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Case made from Chippewa; Steere, J. Ejectment by John F. Haden against Dayton W. Glosser and others. There was judgment for defendants on a verdict directed by the court, and plaintiff appeals. This is an action of ejectment to recover the standing timber on the W |, I E ], section 23, town 44 N, range 4 W, in Chippewa county. It is brought here on a case made. Plaintiff claims title through a tax deed from the State-Defendants are the owners of the original title. Under the statement of facts made in appellant’s brief, the title depends upon the validity of the notice served upon the…
1Opinion of the CourtGrant, C. J.
(after stating the facts). It is conceded that the first four paragraphs are valid, and that the fifth paragraph is invalid for the reason stated by the learned circuit judge. The question is, as stated by appellant’s counsel, Does the one invalid paragraph affect the others, admittedly valid, and render the entire notice, so far as it relates to the land in question, of no legal force or effect ? The precise question has never before been presented to the court. Counsel for the defendants insist that the case is controlled by Jackson v. Mason, 143 Mich. 355; John Duncan Land & Mining Co. v.…
2Cases cited3 opinions
- Jackson v. MasonMichigan Supreme Court · 1906
- John Duncan Land & Mining Co. v. RuschMichigan Supreme Court · 1906
- G. F. Sanborn Co. v. JohnsonMichigan Supreme Court · 1907
3Cited by6 opinions
- Closser v. McBrideMichigan Supreme Court · 1914
- Trustee Loan Co. v. BotzNorth Dakota Supreme Court · 1917
- Rogers v. DavisonMichigan Supreme Court · 1915
- Hunter v. Township of DwightMichigan Supreme Court · 1909
- Ensley v. CoolbaughMichigan Supreme Court · 1910
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