136 Mich. 668 | Mich. | 1904
Complainant had tax deeds upon several parcels of land, viz.: On lot 3 for the taxes for the years 1897 and 1898, on lot 4 for 1898, on lots 5 and 6 for 1897 and 1898. Lots 3 and 4 had also been sold to the State for the taxes of 1891, 1892, and 1893, and the complainant acquired this title from the State. Defendant Anker had
These lots were crossed by a railroad, which owned and had fenced a right of way 100 feet wide. Otherwise the lands were vacant. They were assessed without making an exception of the right of way aforesaid.
The questions argued by appellant’s counsel are that:
(1) The bill does not allege that defendant Godkin sets np a claim in opposition to complainant’s title.
(2) The assessment, not excluding the railroad right of way, was void for each year.
(3) The notices served were void, because the right of way of the railroad was not excluded from the descriptions referred to therein.
(4) The sale for the years 1891, 1892, and 1893 was void, for the reason that the auditor general had no authority to cancel the first sale to the State and sell .the same again.
The decree is affirmed, with costs.