In a certain class of cases by reason of a special statute of limitation, adverse possession of real estate for a period of five years, will vest in the occupant the title to the real estate. In such cases, the general statute of limitations has no application.30 Those cases where the five-year statute applies are:

Where defendant claims title by or through some deed made upon a sale by-

(a) An executor or administrator.

(b) A guardian or testamentary trustee.

(c) A sheriff or other ministrial officer under an order, judgment, or decree, or process of the court.

(d) By sheriff upon a mortgage foreclosure sale.

(e) Through a devise in a will which has been probated in this state for fifteen years, and no action has been brought in a court of chancery to set same aside within that time.

30. "Within five years, where the defendant claims title to the land in question, by or through some deed made upon a sale thereof by an executor, administrator, guardian, or testamentary trustee, or by a sheriff, or other proper ministeral officer, under the order, judgment, decree or process of a court, or legal tribunal of competent jurisdiction within this state, or by a sheriff upon a mortgage foreclosure sale; nor through a devise in any will which shall have been probated in this state for fifteen years, during which period no suit in chancery has been brought to test the validity of such devise. Provided that in cases where such fifteen-year period has already elapsed such rights of entry or actions shall be barred after two years from the passage hereof, or in case such right has not accrued, then after two years from the accruing thereof." Compiled Laws 1915, Section 12311.

Pence v. Miller, 140 Mich 205, holding that possession for five years under a void tax deed gives the purchaser title by adverse possession, the general statute of limitations having no application to such a case.

(f) By some officer of the state or of the United States authorized to make deeds upon the sale of land for taxes assessed and levied within this state, the limitation of the action for the recovery of the land is ten years instead of five years.31

Where the tax deed is void on its face, the five-year limitation will not apply, as it is then only a nullity. In order that the statute may control the deed must be prima facie evidence of title.32

The statute was intended to compel parties who would contest judicial sales for irregularities or defects to do so within the period fixed by the statute, and it is only when the suit brings into question the validity of the sale and the title thereunder, that the statute has application.33

Where the holder of a tax deed obtains possession illegally through the collusion with a tenant, the statute will not protect him.34

In those cases whereby because of the relation of the parties it was the duty of the person who purchased the tax titles to pay the taxes, his possession will not be deemed to be adverse to the holder of the legal title.35