Samuel Freeman Miller

“ The objection of defendant's counsel to the admission of this certified copy of the will, as stated in the bill of exceptions, is 'that said record contained no proof that the probate court of the county of Marquette obtained jurisdiction to make the order admitting said will to probate in this state, and that it contains no record of any authentication or probate by any foreign court or officer.' This objection being overruled, an exception was taken by counsel for the defendant to the admission of the record. ”

“ And while the parol testimony was not necessary to show that the amount paid for that purpose was included in the tax levy for the years under which these sales were made, it was competent to show by oral testimony that these judges actually received the money out of the taxes collected under those assessments. ”

“ These deeds were offered in evidence, and rejected by the court, to which ruling the defendant excepted. The principal ground upon which they were held to be invalid was that the tax levy under which they were sold included an illegal allowance for extra compensation to GOODWIN and EDDIE, who were judges of the state court which included within its jurisdiction the county of Marquette. It appeared that the supervisors of that county allowed and paid to them, out of the tax levies, an additional compensation of $400 per annum in excess of their salary. ”