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43 Mich. 488

Ellsworth v. Freeman

Michigan Supreme Court

Decided April 30, 1880

Michigan Supreme Court · decided 1880-04-30

<p>Ejectment — Lien for taxes.</p> <p>A defendant in ejectment on suffering judgment cannot in the same case recover for the amount of taxes paid by him.</p>

Cited by 1 later decisions — most recently November 1911

1 federal appellate ·

Relies on Weimer v. Porter

Good law ✅— No negative treatment on recordhow we know

Decided 1880-04-30

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Marston, C. J.

¶1The court erred in rendering a judgment in this case for the plaintiff for the amount of taxes paid by him on the land in dispute. The right to render such a judgment in an action of ejectment was negatived by this court in Weimer v. Porter 42 Mich. 569, decided at the January term.

¶2The judgment must be reversed, with costs of both courts, and the record remanded for farther action under the statute.

The other Justices concurred.
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