People ex rel. Attorney General v. A. P. Cook Co.
People ex rel. Attorney General v. A. P. Cook Co.
Opinion of the Court
This proceeding is by an injunction bill on behalf of tbe State to restrain tbe defendant from cutting and removing timber from about 200 acres of land in St. Josepb county. Tbe bill was filed in tbe Ingbam circuit court, in chancery. Tbe lands were included among those transferred to tbe State as swamp lands by tbe act of Congress of 1850, and were patented to this State in 1854. In 1855 Addison P. Cook entered into a contract to purchase the lands from tbe State. This contract was evidenced by swamp-land certificates Nos. 1,575 and 1,576, and tbe land then became of tbe class designated as “Part-
In 1893 the treasurer of the township where the land is situated filed a bill in chancery in the St. Joseph circuit court against this defendant and others, alleging that it was removing timber from the land, that the township had large claims against the defendant, that the removal of the timber would destroy its security, and asking for an injunction. Pursuant to an agreement, this bill was dismissed, and a similar one filed by the State in the circuit court for Ingham county, in chancery. To this bill the defendant answered, denying the right of the State to the relief sought, and claiming that the taxes were invalid as against the defendant. The defendant also embodied in its answer allegations in the nature of a cross-bill, and asked affirmative relief. It set up its right to receive the patent for these lands, its willingness to pay the remainder of the purchase price and any valid taxes which might
The decree below recites the findings of the learned circuit judge, and states what taxes are void, and the reason for such holding, and what taxes .are held valid, and the reason therefor. It would be of no profit to the parties or to the public to set out here the various claims made by the State and by the defendant. It is sufficient to say that, from a careful examination of the record and the briefs of counsel, we are satisfied that the court below was not in error in the case, and also that the proper decree was entered.
The decree below must be affirmed.
Reference
- Full Case Name
- PEOPLE, ex rel. ATTORNEY GENERAL v. A. P. COOK CO.
- Status
- Published