Michigan Supreme Court, 1880

Ellsworth v. Freeman

Ellsworth v. Freeman
Michigan Supreme Court · Decided April 30, 1880 · Marston, Other
43 Mich. 488; 5 N.W. 675; 1880 Mich. LEXIS 853
Ellsworth v. Freeman

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Opinion of the Court

Marston, C. J.

The 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.

The 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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