Collins v. Rea
Michigan Supreme Court
Appeal from Montmorency; Kelley, J. Bill by Esther E. Collins, executrix of the last will and testament of Thomas Collins, deceased, against Robert Rea and Herman Besser, impleaded with Alfred J. West and the Atlanta Town & Manufacturing Company, to restrain the removal of timber and for a partition. From a decree for complainant, defendants appeal.
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Appeal from Montmorency; Kelley, J. Bill by Esther E. Collins, executrix of the last will and testament of Thomas Collins, deceased, against Robert Rea and Herman Besser, impleaded with Alfred J. West and the Atlanta Town & Manufacturing Company, to restrain the removal of timber and for a partition. From a decree for complainant, defendants appeal. By the record title, one Thomas Collins was the owner of the undivided one-half interest, and the defendants the owners of the other undivided one-half interest, in the land here in controversy. The land was only valuable for its timber.…
1Opinion of the CourtGrant, J.
{after stating the facts). 1. Defendants have no title to the interest conveyed to Collins, unless they can maintain their tax deeds. They concede that the taxes for 1883 and 1884 were void, but they rely upon their tax deeds for the taxes of 1885 and 1886. In both of those years the board of supervisors voted a salary to the sheriff of the county, as well as to certain other officers. This rendered the taxes void. Hewitt v. White, 78 Mich. 117 (43 N. W. 1043).
2. The deed to Collins was in fact a mortgage. Without the timber, the security was comparatively worthless. The mortgagee could…
2Cases cited1 opinion
- Hewitt v. WhiteMichigan Supreme Court · 1889
3Cited by3 opinions
- Wilkinson v. Dunkley-Williams Co.Michigan Supreme Court · 1905
- Turgeon v. BeanSupreme Judicial Court of Maine · 1912
- Begole v. BigelowCourt of Appeals for the Sixth Circuit · 1914