Anderson v. Besser
Michigan Supreme Court
Error to Alpena; Emerick, J. Trover by John W. Anderson, receiver of the estate of Charles L. Ortman, against Herman Besser. From a judgment for plaintiff for less than the amount claimed, he brings error. Plaintiff was the owner in fee of certain timber lands. The defendant cut and removed therefrom the timber, and hauled the same to the railroad track, where he sold it. Plaintiff brought this action of trover to recover the value of the timber so cut and removed.
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Error to Alpena; Emerick, J. Trover by John W. Anderson, receiver of the estate of Charles L. Ortman, against Herman Besser. From a judgment for plaintiff for less than the amount claimed, he brings error. Plaintiff was the owner in fee of certain timber lands. The defendant cut and removed therefrom the timber, and hauled the same to the railroad track, where he sold it. Plaintiff brought this action of trover to recover the value of the timber so cut and removed. It was conceded upon the trial that plaintiff owned the land, that defendant had no right to cut and remove the timber, and that…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. Two objections were made to the admission of the tax deeds in evidence: (1) That they were not evidence of good faith; and, (3) if they were admissible for that purpose, it was incumbent upon the defendant to introduce all the proceedings upon which such deeds were based.
In support of the first objection, counsel cite and rely upon Winchester v. Craig, 33 Mich. 205. The language used by Mr. Justice Marston at page 333, in which he says, “ It is a notorious fact that tax deeds are almost universally upon examination found to be invalid, on account of defects not…
2Cases cited11 opinions
- Wooden-Ware Co. v. United StatesSupreme Court of the United States · 1882
- Wetherbee v. GreenMichigan Supreme Court · 1871
- Winchester v. CraigMichigan Supreme Court · 1876
- Whiting v. AdamsSupreme Court of Vermont · 1894
- Grant v. SmithMichigan Supreme Court · 1872
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Wood v. WeaverCourt of Appeals of Virginia · 1917
- Embrey v. WeissmanMichigan Court of Appeals · 1977
- Trustees of Dartmouth College v. International Paper Co.U.S. Circuit Court for the District of New Hampshire · 1904
- American Sand & Gravel Co. v. SpencerIndiana Court of Appeals · 1913
- Attorney General v. HermesMichigan Court of Appeals · 1983
4 more not listed; retrieve them via the Exa API.