Oliver Wendell Holmes, Jr.

“ It seems to be the practice in Michigan to continue to assess lands sold for taxes while in the hands of the state, for reasons which are easily understood, but do not need to be explained. It is unnecessary to consider whether an injunction could be granted against this without disposing of the title alleged by the state, or whether sufficient foundation is laid for the prayer in the vague allegations of the bill. It is enough to say that, as the defendant Dix has retired from office, the bill must be dismissed. ”

“ It does not appear that the state has sold to any one else, or that, if it has, the purchaser is a party to the bill. It does appear that the state claims title and, it would seem, possession of a large part, if not all, of the lands. It does not appear by sufficient allegations that any defendant claims either possession or title.
It is obvious, without going further, that the bill cannot be maintained. The auditor general and county treasurer claim no interest in the land, and have none in the question whether the state's title is good. ”

“ It is true, also, that while the prayers of the bill are directed mainly to the setting aside of conveyances supposed to have been made before the filing of the bill, there is also a prayer that the defendants be enjoined from levying taxes on the lands, from selling them, or from taking further proceedings under the said laws. ”