Legal Opinion

Tabor v. Cook

Michigan Supreme Court

Decided April 23, 1867PublishedCited by 43 opinions

Appeal in Chancery from Lenawee Circuit. This was a hill filed to quiet title to certain lands purchased by complainant at a tax sale. The defendants were in possession under an adverse claim. A demurrer was filed, and the bill was dismissed.

1Opinion of the Court

Cooley J.

"We do not feel at liberty to consider the various questions which are discussed by the briefs in this cause, inasmuch as there is apparent- upon the face of the record a fatal objection to the jurisdiction.

The bill is filed to quiet the title of complainant to certain lands purchased by him at tax sales for the taxes of 1859, and which, he avers, are occupied by the defendant, Addison P. Cook, under an adverse claim. There is no law of the state which permits a bill to be filed for such a purpose against a claimant in possession, unless it be “An act to provide for the recovery of…

2Cases cited2 opinions

  1. Norval v. RiceWisconsin Supreme Court · 1853
  2. Exline v. SmithCalifornia Supreme Court · 1855

3Cited by43 opinions

  1. Charles Reinhart Co. v. WiniemkoMichigan Supreme Court · 1994
  2. Madugula v. TaubMichigan Supreme Court · 2014
  3. Risser v. HoytMichigan Supreme Court · 1884
  4. Donahue v. MeisterCalifornia Supreme Court · 1891
  5. Cockrill v. CoxTexas Supreme Court · 1886

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