Dumphey v. Hilton
Michigan Supreme Court
Appeal from Monroe; Kinne, J. Petition by Azuba Dumphey, by Edith Dumphey, her next friend, against Joseph S. Hilton and Roscoe D. Dix, auditor general, to reopen a decree in a tax proceeding. From an order sustaining a demurrer to the petition, petitioner appeals.
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Appeal from Monroe; Kinne, J. Petition by Azuba Dumphey, by Edith Dumphey, her next friend, against Joseph S. Hilton and Roscoe D. Dix, auditor general, to reopen a decree in a tax proceeding. From an order sustaining a demurrer to the petition, petitioner appeals. The petitioner was the defendant in Hilton v. Dumphey, 113 Mich. 241. After that decision, petitioner filed the petition in this case to reopen the decree in chancery rendered in April, 1892, under which the lands were sold and bid off to the State. The petition is made by Edith Dumphey, who was appointed the general guardian of…
1Opinion of the CourtGrant, C. J.
(after stating the facts). Practically, this is an application to redeem from a tax sale nearly six years after the sale was made and five years after the time for redemption had expired. The statute of 1889, governing this case, makes no exception in the case of those under disability, such as coverture, infancy, insanity, and incompetency. It is insisted on behalf of petitioner “that the property of an incompetent person or an infant cannot be taken without the appointment of a guardian ad litem or some person to act for him.” This is not the rule in tax proceedings, unless the fact that…
2Cases cited5 opinions
- Keely v. SandersSupreme Court of the United States · 1879
- Levy v. . NewmanNew York Court of Appeals · 1891
- McGee v. BaileySupreme Court of Iowa · 1892
- Smith v. MaconSupreme Court of Arkansas · 1859
- Foegan v. CarpenterMichigan Supreme Court · 1898
3Cited by12 opinions
- Baker v. State Land Office BoardMichigan Supreme Court · 1940
- White Pine Manufacturing Co. v. MoreyIdaho Supreme Court · 1910
- McMillan v. Hogan.Supreme Court of North Carolina · 1901
- Schauble v. SchulzCourt of Appeals for the Eighth Circuit · 1905
- Donaghy v. LeightonSupreme Judicial Court of Maine · 1976
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