Kilgannon v. Jenkinson
Michigan Supreme Court
Appeal from St. Clair. (Stevens, J.) Bill to quiet title. Defendant appeals. A court of chancery will not try titles to land: Dwcmx v. Detroit Har.
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Appeal from St. Clair. (Stevens, J.) Bill to quiet title. Defendant appeals. A court of chancery will not try titles to land: Dwcmx v. Detroit Har. Ch. 98; Moran v. Palmer 13 Mich. 367; Barry v. Shelby 4 Hayw. 229 ; unless there is an equity against the adverse claimant: Lange v. Jones 5 Leigh 192; Wake v. Gonyers 1 Eden 331; and some objection to a suit at law: Payne v. Piley 4 Dana 38 ; as that the boundary cannot be found: Miller v. Wammington 1 J. & W. 464; a bill to quiet title cannot be maintained if it shows that complainant is in possession: Barron v. Bobbins 22 Micb. 35; naked…
1Opinion of the Court
Geaves, 0. J.
Tbis bill was filed ontbe supposition that it contained a case for the jurisdiction to quiet title, and the circuit judge conceded to it that character and granted relief. Was the decree authorized?
A brief reference to the pleadings is proper. Complainant substantially alleges that she owns in fee, and for more than ten years has occupied, lot 3 in block 7 of the plat of the subdivision of the Fort Gratiot Military Reservation in the city of Port Huron, and caused it to be fenced in; that defendant owns adjoining lot 7, on what is known as “ Cemetery Grant; ” that in May, 1882,…
2Cases cited3 opinions
- Blackwood v. Van VleetMichigan Supreme Court · 1863
- Barron v. RobbinsMichigan Supreme Court · 1870
- Wykes v. RinglebergMichigan Supreme Court · 1883
3Cited by9 opinions
- Warner v. NobleMichigan Supreme Court · 1938
- Lamberton v. PawloskiMichigan Supreme Court · 1929
- Nicholls v. Boyne City Lumber Co.Michigan Supreme Court · 1909
- Cullen v. KsiaszkiewiczMichigan Supreme Court · 1908
- Argus v. JohnsMichigan Supreme Court · 1928
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