128.161 Parties to suit; proof of claims; settlement.
186 words·~1 min read·
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128.161 Parties to suit; proof of claims; settlement.
Sec. 11.
In case the said burying grounds or addition or approach thereto, is encumbered by mortgage, levy, tax sale, or otherwise, as aforesaid, the mortgagee, or other parties claiming to be interested in said title, shall severally be made a party to the procedure as aforesaid, and shall be authorized upon filing of the certificate of the jury in the circuit court of said county, to appear before the circuit judge and make proof relative to their proportionate claims to the said burying grounds, or addition or approach thereto, or the compensation to be made therefor, as determined by said jury.
And the said circuit judge shall, by decree, settle their several claims in accordance with the rights of the parties respectively, and may divide the sum awarded by said jury between the claimants as in his judgment will be equitable and right, rendering against said township a separate judgment for each of the amounts so awarded.
History: 1909, Act 272, Eff. Sept. 1, 1909 ;-- CL 1915, 5133 ;-- CL 1929, 3877 ;-- CL 1948, 128.161