162 Mich. 435 | Mich. | 1910
(after stating the facts). It is urged by complainants that the court had no authority, under the proofs in this record, to do anything but decree a sale of
Should complainants have been reimbursed, from the proceeds of the sale, the expense incurred in buying in the tax titles and procuring an abstract ? It is clear that the former owners of the tax titles, their claims to title being adverse, were not proper parties defendant in this proceeding. Summers v. Bromley, 28 Mich. 125; Wilkinson v. Green, 34 Mich. 221; Bell v. Pate, 47 Mich. 468 (11 N. W. 275 ); Hayward v. Kinney, 84 Mich. 591 (48 N. W. 170). Defendant Davis, at the time he filed his
A decree will be entered providing for the sale of the premises in a single parcel, and providing, further, for the payment, from the fund, of the sums expended by complainants, above referred to. In other respects, the decree is affirmed, with costs to appellants.