110 Mich. 127 | Mich. | 1896
This bill is filed to quiet title to lot 1, block 1, of Walker’s plat of the village of Capac.'
Complainant claims that he became the owner of the lot prior to. 1857; that in that year he made a contract in writing to sell the same to one Alexander Campbell, by the terms of which contract Campbell agreed to erect a blacksmith shop thereon; that Campbell thereafter erected the shop, and about a year afterwards sold and assigned his contract to Reuben-Banfill; that in the spring of 1858 Banfill called upon him for a deed of the lot under the contract, whereupon he executed a deed ready for delivery, but before delivery he arranged with Banfill to cancel the contract by the payment of certain promissory notes which he had signed with Banfill, and by the sale of certain property to him, and that the arrangement was
The defendant answers the bill, and neither admits nor denies the claim made by complainant as to his dealings with Banfill, but avers that he is a bona fide purchaser of the premises, and holds title under mesne conveyances from Banfill and wife. The defendant also sets up in his answer the foreclosure of the mortgage by complainant as attorney for Phelps, the purchase of the land by Phelps, and the deed from Phelps to his wife, and her conveyance to himself. The defendant denies that complainant showed him any deed of the premises from Phelps to himself, but admits that complainant told him he had such a deed, but, upon being asked to exhibit it, he invented some excuse for >his failure to do so, and that, upon examining the records in the register’s office, defendant found a deed from Phelps to complainant, but it conveyed other premises. Defendant also sets up in his answer that he and his grantors have been in actual possession of the premises from the time Banfill procured his deed from complainant, and that complainant committed trespasses thereon, and by force attempted to get possession thereof.
The court below found that, as early as 1869, the complainant knew that the deed from himself to Reuben Banfill was not lost, but was of record, and that Banfill
1. We think the evidence of complainant falls far short of showing any such continued, adverse, hostile, open, and notorious possession of the premises as would establish his claim of title.
2. We think the court was not in error in finding that the defendant was. a good-faith purchaser. There was no evidence upon the record that complainant had any title whatever, and his action in foreclosing the mortgage for Phelps, and permitting title to pass to Phelps under the sheriff’s deed, estops him, under the circumstances here shown, from setting up title in himself as against the defendant.
3. Upon the whole record, we think the complainant has made no such showing, by his proofs, as entitles him to make claim to the premises, and that the court below was correct in directing that title be confirmed in the defendant.
The decree will be affirmed, with costs.