Legal Opinion

Rumsey v. Griffin

Michigan Supreme Court

Decided December 7, 1904No. Docket No. 86PublishedCited by 9 opinions

Appeal from Gratiot; Stone, J. Petition by Chauncey J. Rumsey against Albert A. Griffin and Perry P. Powers, auditor general, for leave to file a bill of review. Prom a decree dismissing the petition, petitioner appeals. Petitioner’s land was sold at the annual tax sale in 1902, purchased by the State, and by the State sold to defendant Griffin. Petitioner filed his petition in the circuit court asking leave to file a bill of review.

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Appeal from Gratiot; Stone, J. Petition by Chauncey J. Rumsey against Albert A. Griffin and Perry P. Powers, auditor general, for leave to file a bill of review. Prom a decree dismissing the petition, petitioner appeals. Petitioner’s land was sold at the annual tax sale in 1902, purchased by the State, and by the State sold to defendant Griffin. Petitioner filed his petition in the circuit court asking leave to file a bill of review. It is claimed that the sale is void on account of a void drain tax assessed by the drain commissioner in the year 1882. Both the auditor general and defendant…

1Opinion of the CourtGrant, J.

(after stating the facts). Counsel, in his printed brief, raises two objections to the validity of the tax deed: (1) That the auditor general is not authorized by law to include in his petition delinquent drain taxes; (2) that the auditor general had no power to set aside the first sale on account of a defect in the publication, and to resell the land.

The first objection is settled against the contention of the petitioner by Blondin v. Griffin, 133 Mich. 647 Hilton v. Dumphey, 113 Mich. 341. The second question is ruled against him by Schulte v. Auditor General, 131 Mich. 677; Bump v. Jepson,…

2Cases cited6 opinions

  1. Spaulding v. O'ConnorMichigan Supreme Court · 1898
  2. Berkey v. BurchardMichigan Supreme Court · 1898
  3. Burns v. FordMichigan Supreme Court · 1900
  4. Blondin v. GriffinMichigan Supreme Court · 1903
  5. Webb v. HoltMichigan Supreme Court · 1897

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3Cited by9 opinions

  1. Shaaf v. O'ConnorMichigan Supreme Court · 1906
  2. In Re Petition of Auditor GeneralMichigan Supreme Court · 1932
  3. Detroit Life Insurance Co. v. Auditor Gen.Michigan Supreme Court · 1924
  4. Harrington v. DickinsonMichigan Supreme Court · 1908
  5. Auditor General v. OberMichigan Supreme Court · 1943

4 more not listed; retrieve them via the Exa API.

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