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153 Mich. 348

Curry v. Larke

Michigan Supreme Court

Decided June 27, 1908

Michigan Supreme Court · decided 1908-06-27

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.

Relies on Tucker v. Van Winkle

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1908-06-27

How this case has been cited

Cited by 4 later decisions — most recently June 1940

4 state decisions

2019081910192019301940decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Blair, J.

¶1The 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.”

¶2*349We 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.
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