Fidelity Trust Co. v. County of Wayne

The Detroit Metropolitan Corporation had a 99-year lease of certain real estate-in the city of Detroit, Wayne county, Michigan. It put out an issue of bonds in the sum of $2,000,000- secured by a mortgage on its lease. The plaintiff was named trustee of the issue. The register of deeds of Wayne county refused to record the trust mortgage without the payment of the specific tax required by Act No. 91, Pub. Acts 1911 (1 Comp. Laws 1915, §4268). The tax amounting to $10,000 was paid under protest. This suit was brought to recover the amount so paid. The plaintiff recovered a judgment. The…