Auditor General v. Newman
Michigan Supreme Court
Appeal from Oceana; Russell, J. . Petition by Perry F. Powers, auditor general, for the sale of lands delinquent for taxes: On objections filed by John Newman. From a decree for contestant, petitioner appeals. This is a petition in chancery filed in 1902 by the auditor general, under the law, to foreclose tax liens upon delinquent lands.
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Appeal from Oceana; Russell, J. . Petition by Perry F. Powers, auditor general, for the sale of lands delinquent for taxes: On objections filed by John Newman. From a decree for contestant, petitioner appeals. This is a petition in chancery filed in 1902 by the auditor general, under the law, to foreclose tax liens upon delinquent lands. The land in question was purchased by contestant, Newman, at the annual tax sale in 1900, for the delinquent taxes of the year 1897. At the tax sale in 1897 the land was sold by the State to Minnie B. Eldridge for the delinquent taxes of 1891 to 1894,…
1Opinion of the CourtGrant, J.
(after stating the facts). The auditor general, in canceling these sales and refunding the money, acted under the authority of Gurd v. Auditor General, 122 Mich. 151 (80 N. W. 1005). If that decision had correctly stated the law, the action of the auditor general in canceling the sales to Mrs. Eldridge and refunding the money would have been valid. That decision was overruled in Cole v. Auditor General, 132 Mich. 262 (93 N. W. 890), in so far as the former decision sustained the *290power of the auditor general to review and set aside proceedings prior to the decree. The law under which these…
2Cases cited3 opinions
- Cole v. Auditor GeneralMichigan Supreme Court · 1903
- Auditor General v. PattersonMichigan Supreme Court · 1899
- Gurd v. Auditor GeneralMichigan Supreme Court · 1899
3Cited by4 opinions
- Griffin v. JacksonMichigan Supreme Court · 1906
- Auditor General v. CliffordMichigan Supreme Court · 1906
- Manistee County v. Reef Petroleum Corp. (In Re Reef Petroleum Corp.)United States Bankruptcy Court, W.D. Michigan · 1988
- Auditor General v. ShermanMichigan Supreme Court · 1904