146 Mich. 123 | Mich. | 1906
(after stating the facts). That the court had jurisdiction, upon the pleadings, to make the decree, cannot be doubted. It is true, defendant did not ask for affirmative relief. But the court was not required to grant the precise relief prayed for by complainant with the alternative of granting no relief. Complainant is not denied all relief. In any event, for reasons hereinafter given, we find that the land was relieved of the tax.
A court of equity may always inquire whether or not a ■forfeiture has occurred and declare the fact. Thereafter, in the particular case, it proceeds according as the fact is found. In the case at bar, complainant asserts that he owns the land and seeks a judicial declaration to that effect, which involves the finding that the defendant did not, in due season, pay to the proper officer a sufficient sum of money. The fact is, complainant’s case is not rested upon nonpayment of a proper sum by defendant, but upon the fact that the payment did not reach him. For this result it may be admitted that defendant was in some measure responsible, not because he directed the money to be paid over to any. person, but because by forwarding the notices received from the Flint Land Company and not also the one received from complainant, he may have induced the officer to deal entirely with the Flint Land Company. There was, however, but one tax and but one proper claimant to satisfy. It was after the
It is therefore affirmed, with costs of tbe appeal to defendant.