Legal Opinion

Merrill v. Myers

Michigan Supreme Court

Decided July 26, 1917No. Docket No. 91Published

Appeal from Emmet; Shepherd, J. Bill by Homer F. Merrill against Rufus L. Myers to redeem from the sale of land for taxes. From a decree for plaintiff, defendant appeals.

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Appeal from Emmet; Shepherd, J. Bill by Homer F. Merrill against Rufus L. Myers to redeem from the sale of land for taxes. From a decree for plaintiff, defendant appeals. The bill in this case is filed for the purpose of compelling defendant, upon the payment of $27.10, to re-convey to the plaintiff certain lands, the title to which defendant had secured through purchase at the annual tax sales in the year 1913; the tax having accrued in the year 1910. On August 18, 1914, the following notice was served on plaintiff: “To the Owner or Owners of Any and All Interest in or Liens upon the Land…

1Opinion of the CourtBrooke, J.

(after stating the facts). Under the conceded facts, the service in this case was good, and was within the terms of the statute, which provides:

“That such service may be made upon any resident of this State by leaving such notice at his usual place of residence with some member of his family of mature age.” Act No. 270, Pub. Acts 1909 (1 Comp. Laws 1915, § 4138).

*361According to the averment of the bill of complaint, plaintiff had actual notice of the situation more than two months before the expiration of the six months period provided by the statute for redemption. By his own showing he must…

2Cases cited2 opinions

  1. Rousseau v. RiihiniemiMichigan Supreme Court · 1915
  2. Paine v. BoyntonMichigan Supreme Court · 1900

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