Metropolitan Life Insurance v. Stoll

Plaintiff prays writ of mandamus to compel defendant, register of deeds of Wayne county, to record a real estate mortgage, covering property in this State and running to plaintiff as mortgagee, without payment of the mortgage tax provided by 1 Comp. Laws 1929, § 3640, et seq., as amended.

Plaintiff is a foreign life insurance company, admitted to do business in this State, and claims exemption from payment of the mortgage tax by virtue of 3 Comp. Laws 1929, § 12327, which requires it to pay a specific tax upon its business written in this State, in the amount of two per cent, on gross…