Taylor v. Deveaux

• Decision Date: 02 June 1894
• Citation: 100 Mich. 581,59 N.W. 250
• Court: Michigan Supreme Court
• Parties: TAYLOR v. DEVEAUX ET AL.

59 N.W. 250

100 Mich. 581

TAYLOR v. DEVEAUX ET AL.

Supreme Court of Michigan

June 2, 1894

Error to circuit court, Saginaw county; Chauncey H. Gage, Judge.

Ejectment by Alfred K. Taylor against Peter F. Deveaux and Josephine Deveaux. There was a judgment for defendants, and plaintiff brings error. Affirmed.

G. K. Grout (D. P. Foote, of counsel), for appellant.

G. W Davis, for appellees.

HOOKER J.

Plaintiff brought ejectment, basing his right to recover upon tax deeds for the years 1886 and 1887. The court directed a verdict for the defendant, and the plaintiff appealed. The deed for the year 1886 is not relied upon. The defendants resided upon the premises, which belonged to Josephine Deveaux, as the record showed. They were assessed to Peter Deveaux, and the subpoena, upon the auditor general's petition, issued to and was served upon him, and not upon Josephine Deveaux, who did not appear. The court obtained no jurisdiction, and the deed was therefore void against her. Fowler v. Campbell (decided at the present term) 59 N.W. 185, covers this question. It is contended that the deed is conclusive evidence of title in fee in the grantee. 3 How. Ann. St. � 1170g6, provides that "such deeds shall convey an absolute title to the land sold, and be conclusive evidence of the title in fee, in the grantee." A case cited holds that a similar statute of Wisconsin could be given effect as a statute of limitation. Smith v. Cleveland, 17 Wis 584. We do not find this decision followed. Under our tax law the legislature has attempted to have questions in regard to the validity of taxes settled before sale, by an adjudication. The proceeding is a judicial one, and the first requisite is jurisdiction of the person to be bound by the decree. We cannot believe that it was the intention of the legislature to require judicial proceedings involving personal service of a subpoena for their foundation, and at the same time provide that delivery of a deed under the decree shall effectually conclude the owner whether the court acquired jurisdiction or not. The statute of necessity, determines the nature of the title conveyed by a valid sale and deed, viz. "an absolute title in fee subject to subsequent taxes." It is not within the power of the legislature to deny the right to defend title against a tax deed. Blackw. Tax Titles, pp. 80, 81; Cooley, Const. Lim. (2d Ed.) 368. We think it much more consistent to hold...