172 Mich. 381 | Mich. | 1912
The land involved in this controversy
The complainant in this suit is a son and the only heir of Henry M. Beidler, a brother of Jacob H. Beidler. Henry M. Beidler died December 8, 1888. The original bill of complaint in this cause was filed July 27, 1903, and an amended bill December 27, 1904. Complainant was 28 years old when the original bill was filed. It is his contention that at the time of his death his father was the owner of the premises in controversy, and in this suit he seeks to recover them, subject to such equities and ac
The City Bank of Battle Creek, Martin E. Brown, John D. Wilson, and William Carr are made defendants in the bill, and the relief prayed for is that the mortgages, contracts, and conveyances made by Jacob H. Beidler and his wife, except the deeds to Henry M. Beidler, that all deeds and conveyances made in the foreclosure proceedings, and all made subsequent to the mortgages and growing out of the mortgages and the foreclosure proceedings, be set aside as a cloud upon title and be delivered up to be canceled, but, if any of said mortgages be found to be valid and subsisting liens, then an accounting be had; that the defendants set forth a list and description of every deed, mortgage, contract, book account, letters, papers, and writing relating to the matter, produce such as are in their possession, and account for those out of their possession, set forth an account of all money received by them, or any of them, in respect to any of said conveyances or for rent or profit accruing from the lands or any part of them, with a list of the lots, blocks, or parcels that have been sold or disposed of and at what price or prices and to whom, together with what yearly rent or rents the mortgaged premises have or might have been let for since they have been in possession, and whether they have not, or without their wilful neglect or fraud might not have, received the whole of the rents and profits of said mortgaged premises; that an account be taken of what is now due and owing to the defendants for the principal sum and interest, the rents and profits of the premises or which might have been received for them; and that, if anything is found to be due to the defendants (which complainant offers to pay), defendants be directed to surrender and deliver up possession upon such payment.
Defendants filed a joint answer, and the cause, being at issue, came on to be heard upon the pleadings and upon
When the cause came on to be tried, Joseph L. Foster, Henry M. Beidler, Jacob H. Beidler, Delevan P. Smiley, to whom the Smiley mortgage was given, three of the officers of the City Bank, who had charge of its affairs when the loans were made to Jacob H. Beidler, and George Nichols, the attorney who did Jacob H. Beidler’s business for some time, were all dead. It is exceedingly doubtful whether complainant has by competent testimony maintained his first and vital proposition of fact, which is that his father purchased the land which was conveyed to his uncle, Jacob H. Beidler. Passing this, it is apparent that complainant claims to have, and has, the senior recorded legal title to the land, that defendants are in possession, and that complainant is out of possession. Under such conditions, a bill filed merely to quiet title cannot be maintained.
Complainant’s theory that the bill seeks the recovery of a trust fund is not sustained. If his father purchased the property, taking the deeds in the name of his uncle, no trust resulted. His theory that the. alleged trust was executed when Jacob ' H. Beidler executed the deeds to complainant’s father, and that thereafter his uncle held the apparent, recorded, legal title, and the said deeds in trust for his father and his father’s heir, cannot avail him for several reasons. None of the defendants participated in the alleged fraud. It is clear that Smiley and the bank were innocent purchasers, and, being such, their titles are as indefeasible in equity as in law.
The decree is affirmed, with costs to the appellees.