Dolph v. Norton
Michigan Supreme Court
Appeal from Ontonagon; Cooper, J. Bill by Norman J. Dolph against Dennis J. Norton to quiet title to land held under a tax deed. Defendant filed aü answer in the nature of a cross-bill to redeem from said sale. From a decree for defendant, complainant appeals.
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Appeal from Ontonagon; Cooper, J. Bill by Norman J. Dolph against Dennis J. Norton to quiet title to land held under a tax deed. Defendant filed aü answer in the nature of a cross-bill to redeem from said sale. From a decree for defendant, complainant appeals. The descriptions of the land involved in this suit are the S. E. i of S. W. i, the E. £ of S. E. i, and S. W. i of S. E. J, of- section 23, in town 48 N., of range 40 W. Complainant is grantee of one John McRae, who obtained a deed for these lands from the auditor general, which deed was dated December 6, 1901, and purported to convey…
1Opinion of the CourtOstrander, J.
(after stating the. facts). 1. It has been held not to be competent for the legislature to provide for the trial of the legal title to land in equity where the defendant is in possession of the land, at least not without providing for a trial by jury. Tabor v. Cook, 15 Mich. 322. And where a bill to quiet title charged that the land was occupied by defendant, and prior to the amendment made to 1 Oomp. Laws, § 448, in 1887, where it charged that the premises were wild and unoccupied lands, demurrers to the bills were sustained. Tabor v. Cook, supra; Jenkins v. Bacon, 30 Mich. 154. The fact of…
2Cases cited9 opinions
- Tabor v. CookMichigan Supreme Court · 1867
- Pike v. RichardsonMichigan Supreme Court · 1904
- Williams v. OlsonMichigan Supreme Court · 1905
- White v. ShawMichigan Supreme Court · 1907
- Weller v. WheelockMichigan Supreme Court · 1908
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Negri v. SlotkinMichigan Supreme Court · 1976
- Walker v. SchultzMichigan Supreme Court · 1913
- Hansen v. HallMichigan Supreme Court · 1911
- White v. DunsmoreMichigan Supreme Court · 1911
- Dunn v. PapenfusMichigan Supreme Court · 1918
16 more not listed; retrieve them via the Exa API.