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2 Doug. 204

Latimer & Randall v. Lovett

Michigan Supreme Court

Decided January 15, 1846

Michigan Supreme Court · decided 1846-01-15

Ejectment by Latimer and Randall against Lovelt. The plaintiffs claimed as the grantees of one Hoeg. The only evidence of Hoeg’s title which they adduced on the trial, was a deed of the premises, executed to him by the treasurer of Lenawee county, in consummation of a sale of the same for taxes. It appeared from the recitals in the deed, that the sale was made March 3, 1836, for taxes assessed for the year 1832.

Decided 1846-01-15

Wing, J.

¶1delivered the opinion of the court. We think that the decision of this court in Scott v. The Detroit Young Men's Society, 1 Dough Mich. R., 121, fully sustains the charge given by the court below ; and wre are satisfied with the doctrine laid down in that case. The whole scope also of the decision in Rowland v. Doty, Harr. Ch. R. 1, and the authorities cited by the Chancellor in delivering his opin*206ion, tend to establish the same doctrine ; although, as remarked by the Chancellor, it was not necessary in that case to decide whether it was incumbent on the party claiming title under the treasurer’s deed, to show affirmatively the regularity of all the proceedings, and that all the prerequisites to the sale had been complied with.

¶2Thejudgment below must, therefore, be affirmed.

¶3Judgment affirmed.

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