Byerlein v. Shipp

Plaintiff brought suit to quiet title to a parcel of property for which plaintiff holds a judicial deed and defendants hold a subsequent United States tax deed. The circuit court granted summary disposition to plaintiff and entered an order voiding the tax deed and declaring plaintiff the owner of the subject property in fee simple. Defendants appeal as of right. We reverse and remand.

On February 4, 1970, plaintiff’s late husband, Arthur Byerlein, held a recorded first mortgage on a parcel of property owned by Theodore and Celestine Graham. Between April 4, 1979, and May 16, 1985, the…