Gordon v. Township of Burleigh
Michigan Supreme Court
Appeal from Iosco; Connine, J. Bill by Charles F. Gordon against the township of Burleigh to remove a cloud from title to certain land. From a decree for complainant, defendant appeals. Complainant filed his bill in this case to remove a cloud from the title to his land, consisting of a levy under execution, a sale of the land and sheriff’s deed to the defendant township.
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Appeal from Iosco; Connine, J. Bill by Charles F. Gordon against the township of Burleigh to remove a cloud from title to certain land. From a decree for complainant, defendant appeals. Complainant filed his bill in this case to remove a cloud from the title to his land, consisting of a levy under execution, a sale of the land and sheriff’s deed to the defendant township. The facts are conceded, and, briefly stated, are as follows: Complainant acquired title in 1878. In 1882 he gave two mortgages upon it which were afterwards discharged. On July 2, 1883, he conveyed said land by quitclaim…
1Opinion of the Court
Grant, O. J.
(after stating the facts). The sole question presented to the court is, Does section 9167, 3 Comp. Laws, apply, and under that statute was it the duty of the defendant to commence proceedings within one year after sale to determine complainant’s interest in the land ? The statute will be found quoted in full in Daniel v. Palmer, 124 Mich. 335.
It is insisted by counsel for the defendant that the levy was made upon a legal, and not an equitable, interest in the land, and that therefore the statute does not apply. Complainant had no legal title upon which a levy could be made. He had…
2Cases cited3 opinions
- Daniel v. PalmerMichigan Supreme Court · 1900
- Kunze v. SolomonMichigan Supreme Court · 1901
- Tiedemann v. KrollMichigan Supreme Court · 1906