Simasko v. Township of Harrison

166 N.W.2d 635, 15 Mich. App. 534

• Court: Michigan Court of Appeals
• Decided: August 18, 1969
• Docket: Docket 4,913
• Status: Published

Opinion

Per Citriam.

In 1966, plaintiff filed an action to qniet title against defendant, who field a deed under a delinquent tax sale in 1958. Tfie lower court entered a judgment dismissing tfie complaint and quieting title in tfie defendant on tfie basis of lacfies.

Plaintiff contends tfiat lacfies did not bar fiis suit because improper notice of redemption was served on fiis grantor, according to CL 1948, § 211.140 (Stat Ann 1960 Rev § 7.198). Tfie statute.requirqs service of tfie notice on tfie last grantee of record by the sheriff of tfie county of tfie grantee’s residence or of tfie county where tfie grantee may be found. . Here, a deputy sheriff of an adjoining county served plaintiff’s grantor.

Tfie trial judge did not err by finding plaintiff guilty of lacfies, thus barring fiis equitable remedies. Lacfies, designed to protect future innocent parties from tfie failure promptly to assert a right, arose after a reasonable time following plaintiff’s grant- or’s notice of tfie 1958 tax sale. Aztec Cooper Co. v. Auditor General (1901), 128 Mich 615; Cook v; Hall (1900), 123 Mich 378. Furthermore, a landowner who has notice tfiat his land has been-sold for taxes must have tfie sale set aside in circuit court within one year thereafter, no matter how fie obtained notice. Odgers v. Lentz (1947), 319 Mich 502. Tfie lower court correctly determined tfiat plaintiff bad notice of the tax sale and tfiat the lengthy delay in filing fiis action against defendant precluded plaintiff’s successful assertion of rights in tfie property.

Affirmed.

Quinn, P. J., and McGregor and V. J. Brennan,'' JJ., concurred.