Hart v. Henderson
Citation | 17 Mich. 218 |
Court | Supreme Court of Michigan |
Decision Date | 13 July 1868 |
Parties | Alvin N. Hart v. Henry L. Henderson |
Error to Ingham circuit.
This was an action of ejectment, brought to recover the possession of certain real estate bid in by defendant in error at the annual state tax sale, for the non-payment of taxes for the year 1863.
The declaration was in the usual form.
The case was tried without a jury, and the court found the following facts, to wit:
Whereupon judgment was entered accordingly.
Judgment in favor of Henderson reversed, with costs of this court.
Dart & Wiley, for plaintiff in error.
Huntington & Root, for defendant in error.
OPINIONCooley Ch. J.:
Henderson, as it appears from the record, brought ejectment against Hart for a lot of land in the city of Lansing, claiming to recover under a tax sale made for delinquent taxes of 1863.
The taxes for which this sale was made amounted to $ 22.19, of which three items, amounting to $ 7.57, were conceded by the parties, on the trial, to have been illegally assessed, and the circuit judge so found. Whether the other taxes were legal or not is not found. The tax deed was clearly void, and...
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