Hammontree v. Lott
Michigan Supreme Court
Appeal from Gratiot. Bill to remove cloud from title. The bill claims that complainant Hammontree has the equitable title to and is in actual possession of the s. e. | of see. 5, town 10 n., range 4 w., in Gratiot county, excepting one acre; that the land was conveyed by the United States to John McCarty in 1856 and in the same year was sold by hfm to John Thorborn for $500, which Thorborn paid, but that by a mistake the deed described it as lying in town 2 west instead of…
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Appeal from Gratiot. Bill to remove cloud from title. The bill claims that complainant Hammontree has the equitable title to and is in actual possession of the s. e. | of see. 5, town 10 n., range 4 w., in Gratiot county, excepting one acre; that the land was conveyed by the United States to John McCarty in 1856 and in the same year was sold by hfm to John Thorborn for $500, which Thorborn paid, but that by a mistake the deed described it as lying in town 2 west instead of 4; that by various mesne conveyances with warranty it came into the complainant’s hands in 1875; that McCarty died…
1Opinion of the CourtMarston, J.
In this case it was urged that John Thorborn and Mary Jane Irwin should' have been made parties defendant. We are of a contrary opinion. Neither one has any interest whatever in the matter in issue between these parties, both having heretofore conveyed all their interest in and to the premises in dispute, and the relief prayed for if granted can in no way affect them or either of them.
The principal object sought is to have it declared that the title which Chauncey Lott acquired from Mary J. Irwin, to the premises in question, he and his son Leonard G. as his grantee of a part thereof, hold in…
2Cases cited1 opinion
- Hunton v. PlattMichigan Supreme Court · 1863
3Cited by7 opinions
- Crawford Co. v. HathawayNebraska Supreme Court · 1903
- Sinclair v. LearnedMichigan Supreme Court · 1883
- Alterauge v. ChristiansenMichigan Supreme Court · 1882
- Culbertson v. H. Witbeck Co.Supreme Court of the United States · 1888
- Wells v. BrownColorado Court of Appeals · 1912
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