Negaunee Iron Co. v. Iron Cliffs Co.
Michigan Supreme Court
Appeal from Marquette; Stone, J. Bill by the Negaunee Iron Company, Edward N. Breitung, and Mary Kaufman against the Iron Cliffs Company, the Cleveland-Cliffs Iron Company, William G. Mather, and Murray M. Duncan, to quiet title. From a decree for complainants, defendants appeal. Affirmed. In 1857, one James L. Reynolds was the owner in fee of the lands involved in this suit, and other lands.
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Appeal from Marquette; Stone, J. Bill by the Negaunee Iron Company, Edward N. Breitung, and Mary Kaufman against the Iron Cliffs Company, the Cleveland-Cliffs Iron Company, William G. Mather, and Murray M. Duncan, to quiet title. From a decree for complainants, defendants appeal. Affirmed. In 1857, one James L. Reynolds was the owner in fee of the lands involved in this suit, and other lands. February 26, 1857, he conveyed to one Charles T. Harvey 4,162 acres by warranty deed. The deed, after the description, contains the following: “Which lands are sold with full warranty, subject, however,…
1Opinion of the CourtGrant, J.
{after stating the facts). 1. It is urged that this bill cannot be maintained, because its main purpose is to declare a forfeiture of the 99-year lease, and that courts of equity will not enforce a forfeiture. Counsel cite in support of this contention Funk v. Haldeman, 53 Pa. St. 229; 2 Story, Eq. Jur. § 1319; Bisp. Eq. § 181; 1 Pom. Eq. Jur. § 459; Crane v. Dwyer, 9 Mich. 350 (80 Am. Dec. 87); White v. Railway Co., 13 Mich. 356. The general rule is undoubtedly as stated in Funk v. Haldeman. The statement by the court was not necessary to a decision of the case. The court held that there was…
2Cases cited27 opinions
- Hale v. HaleIllinois Supreme Court · 1893
- Stockbridge Iron Co. v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1871
- Marvin v. . Brewster Iron Mining Co.New York Court of Appeals · 1874
- The West Point Iron. Co. v. . ReymertNew York Court of Appeals · 1871
- Jones v. Van BochoveMichigan Supreme Court · 1894
22 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Hasselbring v. KoepkeMichigan Supreme Court · 1933
- Hanley v. STATE, DEPT. OF CONSERVATIONIndiana Supreme Court · 1954
- Pellow v. Arctic Iron Co.Michigan Supreme Court · 1910
- In Re Rudell EstateMichigan Court of Appeals · 2009
- Grant v. HaymesSupreme Court of Georgia · 1927
31 more not listed; retrieve them via the Exa API.