Kingman v. Sinclair
Michigan Supreme Court
Appeal from Ottawa.' (Arnold, J.) Bill to discharge an outlawed mortgage, as a cloud upon complainant's title. Defendant appeals from a decree granting the relief prayed for. The facts are stated in the opinion.
1Opinion of the CourtCahill, J.
This case involves the question whether a court of equity will compel the discharge from the record of a mortgage against which the statute of limitations has run without requiring proof of the actual payment of the debt.
The facts are as follows: In 1863 complainant's husband bought an 80-acre farm in Ottawa county, and moved upon it with his family. Before his death he conveyed it to complainant, who continued to reside on it down to 1885, a period of 22 years. She leased it to a tenant for two years longer, and so was in the unquestioned possession and ownership of the property for 24 years…
2Cases cited1 opinion
- Booth v. HoskinsCalifornia Supreme Court · 1888
3Cited by6 opinions
- Faxon v. All PersonsCalifornia Supreme Court · 1913
- Tracy v. WheelerNorth Dakota Supreme Court · 1906
- Bailey v. BlodgettSuperior Court of Delaware · 1955
- Keller v. SoutherNorth Dakota Supreme Court · 1913
- Trusty v. RayIdaho Supreme Court · 1952
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