Chandler v. DIX, 194 U.S. 590 (1904)

Chandler v. Dix

No. 261

Argued April 28, 1904
Decided May 31, 1904
194 U.S. 590

APPEAL FROM THE CIRCUIT COURT OF THE UNITED

STATES FOR THE EASTERN DISTRICT OF MICHIGAN

Syllabus

An action cannot be maintained in the federal courts to set aside tax sales on the ground that the sales are void, where the property has been bought, and is claimed, by the state without making the state a party, and where there is no statutory provision permitting such an action, it cannot be maintained against the state under the Eleventh Amendment.

A state statute providing for the procedure in, and naming the officials who are necessary parties to, actions to set aside tax sales the language whereof clearly indicates that the legislature contemplated that such actions should only be brought in the courts of the state, will not be construed as permitting such actions to be brought in the federal courts.

An action to enjoin the enforcement of tax liens cannot be maintained against a state official who has retired from office.

The facts are stated in the opinion of the Court.