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Curry v. Larke

Curry v. Larke, 116 N.W. 1075 (Mich. 1908)
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Court
Michigan Supreme Court · State Highest Courts
Decided
June 27, 1908
Docket
Nos. 41, 42
Judges
Blair, Carpenter, Grant, McAlyay, Moore
Citations
116 N.W. 1075153 Mich. 3481908 Mich. LEXIS 1035
Disposition
Affirmed.
Headnotes
Taxation — Tax Sales — Noticie—Sufficiency. A notice of the sale of land for taxes which is insufficient for the reason that no State or county is named in the description in the body thereof is not aided by printed and written indorsements on the back thereof showing the State and county.
Summary
Appeals from Presque Isle; Emerick, J. Bills by Walter J. Curry against Augusta Larke and Edward E. Ayer, and against Frederic Denny Larke and Edward E. Ayer to quiet title to certain land. From decrees dismissing the bills, complainant appeals.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Blair

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Blair, J.

The determination of both of the above cases depends upon the legal sufficiency of the notices of reconveyance served by complainant, as purchaser of certain tax titles, upon defendants. No State or county is named in the description in the body of the notice, and it is conceded that, “if that were all of the notice and nothing else appeared thereon whereby the person receiving the same could identify the lands, they would clearly be defective under Tucker v. Van Winkle, 142 Mich. 210 .” It is contended, however, that these cases are distinguishable from Tucker v. Van Winkle because there was printed on the backs of the notices served the following: “ State of Michigan, County of --” and in the blank space was written, “ Presque Isle.”

*349 We agree with the circuit judge that the indorsements upon the notices were no part of the statutory notice and the decrees dismissing the bills of complaint are affirmed.

Grant, C. J., and Moore, Carpenter, and McAlyay, JJ., concurred.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1917: 11933: 11938: 11940: 119172026peak 1917 · 1

Relies on it most ⓘ

  1. Heethuis v. Kerr161 N.W. 910 (Mich. 1917)
  2. Duck v. McQueen248 N.W. 637 (Mich. 1933)
  3. Briggs v. Prevost292 N.W. 527 (Mich. 1940)
  4. Brock v. Sobole280 N.W. 91 (Mich. 1938)

Most recent

  1. Briggs v. Prevost292 N.W. 527 (Mich. 1940)
  2. Brock v. Sobole280 N.W. 91 (Mich. 1938)
  3. Duck v. McQueen248 N.W. 637 (Mich. 1933)
  4. Heethuis v. Kerr161 N.W. 910 (Mich. 1917)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Tucker v. Van Winkle, 105 N.W. 607 (Mich. 1905) 13

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