Public-domain · open source
OpenJurist

135 Mich. 329

Briggs v. Boardman

Michigan Supreme Court

Decided January 5, 1904

Michigan Supreme Court · decided 1904-01-05

Petition by Leland C. Briggs against Myron Boardman and others for a writ of assistance. From a decree for respondents, petitioner appeals. The State of Michigan had become the owner of certain lands by virtue of sale for nonpayment of taxes. On December 21, 1901, Albert A. Griffin, the father-in-law of the petitioner, purchased this land from the State, paying $204.04, and a tax deed was issued and delivered to him.

Cited by 1 later decisions — most recently September 1910

1 state decisions

Key passage — most relied on by later courts

“"It is immaterial whether the contract between Griffin and the respondents be called a contract relating to the sale of lands, or one relating to the payment of a tax lien. The offer was in writing, the acceptance was in writing, and the agreed price tendered in time. The transaction was valid and its effect was to avoid the tax deed. The title was then in Mr. Griffin and the petitioner took no greater interest in the property by the conveyance than Mr. Griffin had, and he had no interest.””

quoted by 1 later decision, including Backus v. Cowley

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1904-01-05

View the full empirical analysis of this case →

Grant, J.

¶1(after stating the facts). Under the redemption statute above cited, the respondents’ right of redemption did not expire until July 6, 1902. Under that statute, upon payment the respondents would have been entitled to a reconveyance of the land. Mr. Griffin made a proposition in writing to take $325, a sum somewhat less than that provided by the statute to redeem, provided it was paid, before May 25th, more than a month prior to the expiration of the time of redemption. This was accepted in writing by the solicitor for the respondents, and the amount tendered within the time. It is immaterial whether the contract between Griffin and the respondents be called a contract relating to the sale of lands, or one relating to the payment of a tax lien. The offer was in writing, the acceptance was in writing, and the agreed *331price tendered in time. The transaction was valid, and its effect was to avoid the tax deed. ’ The title-, was then in Mr. Griffin, and the petitioner took no greater interest in the property by the conveyance than Mr. Griffin had, and he had no interest.

¶2Decree is affirmed, with costs.

The other Justices concurred.
/135/mich/329 · .json · Public domain