Blumberg v. Beekman
Michigan Supreme Court
Appeal from Oakland; Smith, J. Bill by Rachel E. Blumberg against George H. Beekman and others to remove a cloud from title. Defendants filed an answer in the nature of a cross-bill, praying that a certain deed be declared a mortgage, and asking for an accounting. From a decree for defendants, complainant appeals.
1Opinion of the CourtLong, J.
The bill in this cause was filed to remove a cloud from the title to premises which complainant claims to own in fee. It appears that on September 14, 1859, Samuel D. Beekman and wife executed and delivered an instrument in writing, in the form of a warranty deed, to George Blumberg, conveying 20 acres of land for the consideration of $700 mentioned therein. The deed contained the following condition:
*648“This deed being made under the following condition, viz.: That said party of the second part shall* not cut any standing timber, or allow to be, within the period of ten years from the date…
2Cases cited11 opinions
- Henley v. HotalingCalifornia Supreme Court · 1871
- Jay v. WhelchelSupreme Court of Georgia · 1887
- Emerson v. AtwaterMichigan Supreme Court · 1859
- Jeffery v. HurshMichigan Supreme Court · 1885
- Cornell v. HallMichigan Supreme Court · 1871
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3Cited by7 opinions
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- People v. AndreMichigan Supreme Court · 1908
- Sowles v. WilcoxMichigan Supreme Court · 1901
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