O'Connor v. Keenan
Michigan Supreme Court
Appeal from Wayne; Frazer, J. Bill by Timothy O’Connor, trustee, against William J. Keenan and others, for a partition of certain lands. After a decree for partition, J. Ward Howland, executor of the last will and testament of John Ward, deceased, petitioned to be made a party, claiming as purchaser at certain mortgage sales; and from a decree declaring the sales void he appeals.
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Appeal from Wayne; Frazer, J. Bill by Timothy O’Connor, trustee, against William J. Keenan and others, for a partition of certain lands. After a decree for partition, J. Ward Howland, executor of the last will and testament of John Ward, deceased, petitioned to be made a party, claiming as purchaser at certain mortgage sales; and from a decree declaring the sales void he appeals. One ITonora Keenan died intestate October 13, 1896, seised of certain lands, and leaving as her sole heirs at law four children, William J., Michael J., Thomas P., and Mary Ann Danaher. Mrs. Danaher died December 1,…
1Opinion of the CourtGrant, J.
{after stating the facts). 1. We think this is not a case where the mortgagee is at liberty to ignore the statute, and sell three separate lots of land in ope parcel. They were not occupied as one farm or lot; but were occupied by three separate and distinct tenancies. It is true that these tenancies were in accordance with the descriptions in the three deeds by which the grantee obtained title, but this does not constitute occupancy as one parcel. That the intention of the owners was to subdivide the tract into city lots does not authorize a sale as one parcel. The lands were worth much more…
2Cases cited5 opinions
- Gage v. SanbornMichigan Supreme Court · 1895
- Hawes v. Detroit Fire & Marine InsuranceMichigan Supreme Court · 1896
- Keyes v. SherwoodMichigan Supreme Court · 1888
- Huyck v. GrahamMichigan Supreme Court · 1890
- Harris v. CrevelingMichigan Supreme Court · 1890
3Cited by7 opinions
- Walker v. SchultzMichigan Supreme Court · 1913
- Security Trust Co. v. SlomanMichigan Supreme Court · 1930
- Leach v. DoleseMichigan Supreme Court · 1915
- Masella v. BissonMichigan Supreme Court · 1960
- Jerome v. CoffinMichigan Supreme Court · 1928
2 more not listed; retrieve them via the Exa API.