125 Mich. 137 | Mich. | 1900
(after stating the facts).
Mr. Clark could purchase outstanding titles to set up against the title of the remainder-men upon the termination of the life tenancy. Clark v. Adie, 2 App. Cas. 435; Robertson v. Pickrell, 109 U. S. 608 (3 Sup. Ct. 407); Fuller v. Sweet, 30 Mich. 239 (18 Am. Rep. 122).
It would be unnecessary, therefore, to discuss other questions in the case, were it not for a stipulation filed in this court by the solicitors for the respective parties that the case might be heard here as though commenced after the death of Alexander Bondie. This stipulation, however, makes it necessary to dispose of the case upon other grounds.
Two questions are presented for determination: (1) Was there an amicable partition of these lands by deed or by parol ? (2) If such partition was made, was it valid as against Marie Louise, an incompetent ? A third question is also raised, viz.: If the partition was by parol, is it valid ?
Our statute was adopted from that of New York, and before its adoption here the question was decided in Jackson v. Harder, 4 Johns. 202 (4 Am. Dec. 262), in which a parol partition was held valid. See, also, Jackson v. Vosburgh, 9 Johns. 270 (6 Am. Dec. 276). We, however, deem it unnecessary to decide this question.
We think the recitals in the deeds above mentioned, the possession and occupation of the land by each, and the improvements made thereon for a long series of years, and the sale of a portion of the land north of Ecorse creek as
It is urged by complainants that the partition, if one was made, was of the land north of the Ecorse river, and not of the land in dispute, which lay south of it. Without setting out more fully the testimony in detail, we are satisfied that this is not the correct conclusion to be deduced from the facts. There is no testimony in the record to indicate that Mrs. Bartin or her grantees ever made any claim to any portion of the land north of the creek after the partition. On the contrary, as already shown, Mrs. Bartin and her grantees treated the land in dispute as their own, and the guardians of Marie Louise acquiesced. It is also apparent that the land north of the creek was treated as belonging to Marie Louise.
Decree is affirmed.