111 Mich. 622 | Mich. | 1897
This is an action of ejectment, brought to recover the possession of certain lands which the plaintiff claimed to own. Bernard Stroh was the owner of these lands prior to 1870. In 1873 he made a mortgage upon these lands and other lands to Michael Markey, which matured in three years. This mortgage was foreclosed, and a sheriff’s deed made upon foreclosure to Ervin Palmer, which deed was dated February 15, 1884. February 18, 1884, Ervin Palmer and wife deeded these lands to the Lion Brewing Company, which company deeded them to the plaintiff in the case, who is a daughter of
The questions involved are purely law questions. It is the claim of the plaintiff that the possession of Hauser, under a parol promise to give him the property, could, not be the foundation of any adverse possession; that Hauser would be only a tenant at will. It is also the claim that, under this parol promise, Hauser was a privy of Stroh, and that, as a privy of the mortgagor, he could not assert adverse possession against the mortgagee.
We think the weight- of authority is against these propositions. In 1 Am. & Eng. Enc. Law, 280, it is said:
This statement of the law is fully supported by Campbell v. Braden, 96 Pa. St. 388; Stewart v. Duffy, 116 Ill. 47; Bartlett v. Secor, 56 Wis. 520; Clark v. Gilbert, 39 Conn. 94; Collins v. Johnson, 57 Ala. 304; Vandiveer v Stickney, 75 Ala. 225. Justice Shaw states the law to be:
For cases involving the doctrine of adverse possession, see Bower v. Earl, 18 Mich. 367; Campau v. Lafferty, 50 Mich. 114; Toll v. Wright, 37 Mich. 93; Murray v. Hudson, 65 Mich. 670; Whitaker v. Shooting Club, 102 Mich. 454.
It is the claim of plaintiff that, as she derived title through the foreclosure of the Markey mortgage, her right of action is saved to her by section 8506, 2 How. Stat., which provides that a purchaser at a foreclosure sale shall be vested with ‘ ‘ all the right, title, and interest which the mortgagor had at the time of the execution of the mortgage, or at any time thereafter.” It is her claim that, at the time the mortgage was made, the mortgagor had the legal title to the land, and that the statute of limitations ■ would not run against the mortgagee until the
The other assignments of error have been considered, but it will not be necessary to discuss them here.
Judgment is affirmed.