Upton v. Kennedy
Michigan Supreme Court
Error to Osceola Circuit. argued that the tax deeds for 1869 were void, for the reason that a town tax of one thousand dollars was raised, when only the sum. of five hundred dollars was.- authorized to he spread upon the roll foi; the year 1869, as shown hy the records of the township: Case v. Lean, 16 Mich., 12; Lacey v. Lavis, 4 Mich., 140; and that the tax deeds for 1870 and 1871 were void, because the returns of the town treasurers for those years were not signed or…
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Error to Osceola Circuit. argued that the tax deeds for 1869 were void, for the reason that a town tax of one thousand dollars was raised, when only the sum. of five hundred dollars was.- authorized to he spread upon the roll foi; the year 1869, as shown hy the records of the township: Case v. Lean, 16 Mich., 12; Lacey v. Lavis, 4 Mich., 140; and that the tax deeds for 1870 and 1871 were void, because the returns of the town treasurers for those years were not signed or sworn to, •as required by the statute: Sess. L. 1869, Act No. 169, § 55; and because there is no official evidence on file…
1Opinion of the Court
Cooley, Ch. J:
Counsel in this case have argued a question of constitutional power in the legislature to make a tax-deed conclusive evidence of title where it appears to have been given on a sale of lands for taxes, some of which were valid and had never been paid or in any manner discharged. "We-are of opinion, however, that the question does not necessarily arise in this case; and we are not disposed to consider it as merely an abstract question. It is a sound rule of policy, no less than of courtesy, that a court shall abstain from questioning the validity of legislation until it becomes…
2Cases cited4 opinions
- Case v. DeanMichigan Supreme Court · 1867
- Lacey v. Davis & McFarrenMichigan Supreme Court · 1856
- Hall v. KelloggMichigan Supreme Court · 1867
- Robbins v. BarronMichigan Supreme Court · 1876
3Cited by12 opinions
- People v. QuiderMichigan Supreme Court · 1912
- Sinclair v. LearnedMichigan Supreme Court · 1883
- State Tax-Law CasesMichigan Supreme Court · 1884
- Silsbee v. StockleMichigan Supreme Court · 1880
- Illinois Central Railroad v. Chicago & Great Western Railway Co.Illinois Supreme Court · 1910
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