Legal Opinion

Kingman v. Sinclair

Michigan Supreme Court

Decided May 3, 1890PublishedCited by 6 opinions

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

  1. Booth v. HoskinsCalifornia Supreme Court · 1888

3Cited by6 opinions

  1. Faxon v. All PersonsCalifornia Supreme Court · 1913
  2. Tracy v. WheelerNorth Dakota Supreme Court · 1906
  3. Bailey v. BlodgettSuperior Court of Delaware · 1955
  4. Keller v. SoutherNorth Dakota Supreme Court · 1913
  5. Trusty v. RayIdaho Supreme Court · 1952

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