Barron v. Robbins
Michigan Supreme Court
Appeal in Chancery from St. Clair Circuit. The bill in this cause was filed by William B.. Barron in the Circuit Court for the County of St. Clair in Chancery, against Lucinda A. Bobbins and Levi B. Bobbins, to quiet the title to three hundred and twenty acres of land in St. Clair county.
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Appeal in Chancery from St. Clair Circuit. The bill in this cause was filed by William B.. Barron in the Circuit Court for the County of St. Clair in Chancery, against Lucinda A. Bobbins and Levi B. Bobbins, to quiet the title to three hundred and twenty acres of land in St. Clair county. The allegations of the bill as to the possession of the premises are these: “And your orator further shows unto this court that the said Lucinda A. Bobbins is not a resident of the state of Michigan, but, as your orator is informed, a resident of the state of New York, and has never, to the knowledge or…
1Opinion of the Court
Campbell, Ch. J. .
The bill was filed to quiet title; but, inasmuch as the defendants are shown to be actually on the land, and claiming title, there is nothing to prevent proceedings at law against them, either by trespass or ejectment. The jurisdiction of equity to quiet title is intended to reach persons out of possession, who cannot be compelled to defend their rights at law. It is not designed to dispense with legal proceedings where they can be had without obstruction.
The bill was properly dismissed, and the decree should be affirmed with costs.
The other Justices concurred..
2Cited by14 opinions
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- Kilgannon v. JenkinsonMichigan Supreme Court · 1883
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