Legal Opinion

Hayward v. Auditor General

Michigan Supreme Court

Decided March 26, 1907No. Calendar No. 21,938PublishedCited by 1 opinion

Mandamus by Zachariah Hayward to compel James B. Bradley, auditor general, to cancel a tax deed.

1Opinion of the CourtHooker, J.

I am of the opinion that there is no statutory impediment to cancellation by the auditor general of a deed or sale by the State after notice and the expiration of the period of six months referred to therein (see Jakobowski v. Auditor General, 144 Mich. 46; Shaaf v. O’Connor, 146 Mich. 504), and that relator’s laches, if the delay may be so called, under the circumstances, should not preclude the granting of his application to the auditor general.

The writ should issue.

Me Alva y, C. J., and Carpenter, Blair, Montgomery, Ostrander, and Moore, JJ., concurred with Hooker, J.

2Cases cited2 opinions

  1. Shaaf v. O'ConnorMichigan Supreme Court · 1906
  2. Jakobowski v. Auditor GeneralMichigan Supreme Court · 1906

3Cited by1 opinion

  1. Fitschen v. OlsonMichigan Supreme Court · 1909