Reed v. Reed
Michigan Supreme Court
Appeal from Livingston; Smith, J. Bill for partition by Melissa Reed, Alice Secor, and Frank Ray against Charles Reed, John Ray, Sarah Wright, and Horace Pierce. From a decree for complainants, defendant Reed appeals. Lucy A. Reed died intestate, possessed of two parcels of real estate. Defendant Reed was her husband, and the complainants and other defendants her brothers and sisters, except defendant Pierce, who is the son of a deceased sister.
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Appeal from Livingston; Smith, J. Bill for partition by Melissa Reed, Alice Secor, and Frank Ray against Charles Reed, John Ray, Sarah Wright, and Horace Pierce. From a decree for complainants, defendant Reed appeals. Lucy A. Reed died intestate, possessed of two parcels of real estate. Defendant Reed was her husband, and the complainants and other defendants her brothers and sisters, except defendant Pierce, who is the son of a deceased sister. The parties, complainants and defendants, were therefore tenants in common of the land. There was a mortgage upon one parcel for $1,000, and upon the…
1Opinion of the CourtGrant, C. J.
(after stating the facts). The theory of the bill is that the foreclosure deed to defendant Reed is absolutely void, and that he could obtain no title, as against his co-tenants, by purchasing and foreclosing the outstanding liens. The deed was not void, but voidable. This is conceded by counsel for Mr. Reed, and they admit that timely proceedings in redemption by the co-tenants would have defeated his title. It was necessary for the protection of all that some one of the co-tenants should either pay or purchase these mortgages, or, if foreclosed by the mortgagee, protect their interests upon…
2Cases cited5 opinions
- Lee v. FoxCourt of Appeals of Kentucky · 1838
- Brittin v. HandySupreme Court of Arkansas · 1859
- Mandeville v. SolomonCalifornia Supreme Court · 1870
- Stevens v. ReynoldsIndiana Supreme Court · 1895
- Wilmot v. LathropSupreme Court of Vermont · 1895
3Cited by14 opinions
- Stevenson v. BoydCalifornia Supreme Court · 1908
- Stianson v. StiansonSouth Dakota Supreme Court · 1918
- Wirtz v. GordonMississippi Supreme Court · 1938
- Binning v. Miller, Water Division SuperintendentWyoming Supreme Court · 1940
- Ammann v. FosterSupreme Court of Oklahoma · 1937
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