Miscotten v. Hellenthal
Michigan Supreme Court
Appeal from Allegan; Padgham, J. Bill by John Miscotten against Walter Hellenthal and another to quiet title to certain land. From a decree dismissing the bill, complainant appeals. The bill of complaint in this cause is filed to quiet the title to a strip of ground, 16£ feet wide and 168 feet long. The strip lies between lands concededly owned by the complainant on the south and by defendants on the north.
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Appeal from Allegan; Padgham, J. Bill by John Miscotten against Walter Hellenthal and another to quiet title to certain land. From a decree dismissing the bill, complainant appeals. The bill of complaint in this cause is filed to quiet the title to a strip of ground, 16£ feet wide and 168 feet long. The strip lies between lands concededly owned by the complainant on the south and by defendants on the north. The true line between the holdings of the parties has never been established. If it is located as claimed by complainant, he is the owner of the disputed strip. If as claimed by…
1Opinion of the CourtBrooke, J.
{after stating the facts). While the bill of complaint in one paragraph avers that complainant is in possession of the disputed strip, other facts are set out *403therein which indicate the contrary, and the evidence shows conclusively that defendants and their grantors have held possession of the strip for many years, and are now in possession thereof. The circuit court found that defendants were in possession under the lease, which was declared to be valid, and of which complainant had notice •at the time of his purchase. It is unnecessary to determine whether this holding was correct or not.…
2Cases cited12 opinions
- Wilmarth v. WoodcockMichigan Supreme Court · 1885
- Rhoades v. McNamaraMichigan Supreme Court · 1904
- Campbell v. Kent Circuit JudgeMichigan Supreme Court · 1897
- Andries v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1895
- Wykes v. RinglebergMichigan Supreme Court · 1883
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3Cited by2 opinions
- Cummings v. SchreurMichigan Supreme Court · 1926
- Lamberton v. PawloskiMichigan Supreme Court · 1929