Youngs v. Povey
Michigan Supreme Court
Appeal from Chippewa; Steere, J. Petition by Clark W. Youngs against David Povey, Carrie Povey, and Patrick Needham for a writ of assistance. From an order granting the writ, respondents appeal. The applicant is the owner of a tax deed dated October 4, 1897. The respondent David Povey is the original owner, and respondent Needham is his tenant. The applicant was granted a writ of assistance to put him in possession.
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Appeal from Chippewa; Steere, J. Petition by Clark W. Youngs against David Povey, Carrie Povey, and Patrick Needham for a writ of assistance. From an order granting the writ, respondents appeal. The applicant is the owner of a tax deed dated October 4, 1897. The respondent David Povey is the original owner, and respondent Needham is his tenant. The applicant was granted a writ of assistance to put him in possession. The tax deed is based on the taxes of 1893, and the premises were bid in by the State at the annual tax sale in December, 1895. The land was again offered at the annual tax sale…
1Opinion of the CourtGrant, J.
{after stating the facts). 1. It is first urged in behalf of respondents that the purchase was not completed ' until the delivery of the deed, in October; that at that time another tax had become due, which was not paid; and that therefore the tax deed is void, under *299Hughes v. Jordan, 118 Mich. 27 (76 N. W. 134). It was settled in Eldridge v. Richmond, 120 Mich. 586 (79 N. W. 807), that the application and payment complete the purchase, and that the acts of issuing a certificate and executing a deed are ministerial acts, necessary only to evidence the title. Owing to the press of business in…
2Cases cited6 opinions
- Muirhead v. SandsMichigan Supreme Court · 1897
- Hughes v. JordanMichigan Supreme Court · 1898
- Eldridge v. RichmondMichigan Supreme Court · 1899
- Garner v. WallaceMichigan Supreme Court · 1898
- Hall v. CollinsMichigan Supreme Court · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
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- Stroh v. City of DetroitMichigan Supreme Court · 1902
- Northern Pacific Railway Co. v. StateWashington Supreme Court · 1915
- Ginter v. GinterNorth Dakota Supreme Court · 1954
- Bank of Fairfield v. Spokane CountyWashington Supreme Court · 1933
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