42 N.W.2d 751 (Mich. 1950), 57, Crawford v. Hamrick

Docket Nº57.
Citation42 N.W.2d 751, 327 Mich. 591
Opinion JudgeREID, Justice.
Party NameCRAWFORD et ux. v. HAMRICK et al.
Attorney[327 Mich. 592] Crandell & Crandell, Northville, for plaintiffs and appellants. Thomas R. McAllister, Bad Ax, Arthur Axford, Detroit, for defendants and appellees.
Judge PanelBefore the Entire Bench.
Case DateMay 18, 1950
CourtSupreme Court of Michigan

Page 751

42 N.W.2d 751 (Mich. 1950)

327 Mich. 591

CRAWFORD et ux.

v.

HAMRICK et al.

No. 57.

Supreme Court of Michigan.

May 18, 1950

[327 Mich. 592] Crandell & Crandell, Northville, for plaintiffs and appellants.

Thomas R. McAllister, Bad Ax, Arthur Axford, Detroit, for defendants and appellees.

Before the Entire Bench.

Page 752

REID, Justice.

Plaintiffs pray that they be decreed to have a perfect title to the land described in plaintiffs' bill of complaint, consisting of 1 1/2 acres of land more or less, as against the claims of the defendants, who are in possession of the lands in question; that defendants' deed to the same land held to be of no force or effect as against the plaintiffs; and that plaintiffs be granted a temporary restraining order restraining the defendants from encroaching or trespassing on the land involved. From a decree for defendants, plaintiffs appeal.

The plaintiffs claim a reverter and claim to be owners in fee simple of the property in question, alleging that the plaintiff Francis C. Crawford acquired title as sole heir at law of his father, Charles Crawford, and that by the execution of additional deeds described in paragraph two of plaintiffs' bill of complaint, the plaintiffs became owners as tenants by the entireties.

Francis Crawford, grandfather of the plaintiff Francis C. Crawford, obtained title to the land in question on November 10, 1864, and conveyed it to the Pontiac, Oxford and Port Austin Railroad on July 12, 1883, by quit claim deed, for a consideration of $1,200. The following was contained in the deed, after the description: 'Provided that said lands hereby conveyed shall be used for the purpose of constructing and maintaining a railroad and the appurtenances thereto and for no other purpose whatever: * * * to have and to hold the said above granted premises to the said party of the second part and its assigns [327 Mich. 593] for the uses herein expressed but for no other use forever.'

On September 10, 1930, a petition to abandon the property for railroad purposes was filed with the interstate commerce commission; on September 17, 1930, the petition was granted and by July 14, 1931, the property was abandoned for railroad purposes.

The Grand Trunk Western Railway Company is successor to the Pontiac, Oxford ford and Port Austin Railroad and on July 12, 1946, conveyed the land in question by...

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4 practice notes
  • 233 S.W.2d 26 (Mo. 1950), 41719, Bowman v. Kansas City
    • United States
    • Missouri Supreme Court of Missouri
    • October 9, 1950
    ...301 Ky. 241, 191 S.W.2d 403; City of Grand Rapids v. Barth, 248 Mich. 13, 226 N.W. 690; Wayne Village President v. Wayne Village Clerk, 327 Mich. 592, 36 N.W.2d 357, 8 A.L.R. (2d) 357; City of Whittier v. Dixon, 24 Cal.2d 664, 151 P.2d 5; Ambassador Management Corp. v. Incorporated Village ......
  • Estate of Riashi v. Frangedakis, 030398 MICA, 190819
    • United States
    • Michigan Court of Appeals of Michigan
    • March 3, 1998
    ...in the property. A suit to quiet title or remove a cloud on a title is one in equity. MCL 600.2932; MSA 27A.2932; Crawford v Hamrick, 327 Mich. 591; 42 N.W.2d 751 (1950); McKay v Palmer, 170 Mich.App. 288, 293; 427 N.W.2d 620 (1988). The maxim that “one who seeks the aid of equity must come......
  • 124 N.W.2d 739 (Mich. 1963), 2, Ruda v. American Sav. & Loan Ass'n
    • United States
    • Michigan Supreme Court of Michigan
    • December 2, 1963
    ...duty. 'The bill of complaint may be dismissed but without perjudice to the plaintiffs to pursue legal remedies.' In Crawford v. Hamrick, 327 Mich. 591, 594, 42 N.W.2d 751, 752, we said: 'A bill in chancery will not lie in favor of a claimant to title who is not in possession as against defe......
  • 427 N.W.2d 620 (Mich.App. 1988), 99881, McKay v. Palmer
    • United States
    • Michigan Court of Appeals of Michigan
    • July 20, 1988
    ...title or remove a cloud on a title is one in equity and not at law. M.C.L. Sec. 600.2932; M.S.A. Sec. 27A.2932; Crawford v. Hamrick, 327 Mich. 591, 42 N.W.2d 751 (1950). The "clean hands" doctrine applies to quiet title actions. Birou v. Thompson-Brown Co., 67 Mich.App. 502, 241 N......
4 cases
  • 233 S.W.2d 26 (Mo. 1950), 41719, Bowman v. Kansas City
    • United States
    • Missouri Supreme Court of Missouri
    • October 9, 1950
    ...301 Ky. 241, 191 S.W.2d 403; City of Grand Rapids v. Barth, 248 Mich. 13, 226 N.W. 690; Wayne Village President v. Wayne Village Clerk, 327 Mich. 592, 36 N.W.2d 357, 8 A.L.R. (2d) 357; City of Whittier v. Dixon, 24 Cal.2d 664, 151 P.2d 5; Ambassador Management Corp. v. Incorporated Village ......
  • Estate of Riashi v. Frangedakis, 030398 MICA, 190819
    • United States
    • Michigan Court of Appeals of Michigan
    • March 3, 1998
    ...in the property. A suit to quiet title or remove a cloud on a title is one in equity. MCL 600.2932; MSA 27A.2932; Crawford v Hamrick, 327 Mich. 591; 42 N.W.2d 751 (1950); McKay v Palmer, 170 Mich.App. 288, 293; 427 N.W.2d 620 (1988). The maxim that “one who seeks the aid of equity must come......
  • 124 N.W.2d 739 (Mich. 1963), 2, Ruda v. American Sav. & Loan Ass'n
    • United States
    • Michigan Supreme Court of Michigan
    • December 2, 1963
    ...duty. 'The bill of complaint may be dismissed but without perjudice to the plaintiffs to pursue legal remedies.' In Crawford v. Hamrick, 327 Mich. 591, 594, 42 N.W.2d 751, 752, we said: 'A bill in chancery will not lie in favor of a claimant to title who is not in possession as against defe......
  • 427 N.W.2d 620 (Mich.App. 1988), 99881, McKay v. Palmer
    • United States
    • Michigan Court of Appeals of Michigan
    • July 20, 1988
    ...title or remove a cloud on a title is one in equity and not at law. M.C.L. Sec. 600.2932; M.S.A. Sec. 27A.2932; Crawford v. Hamrick, 327 Mich. 591, 42 N.W.2d 751 (1950). The "clean hands" doctrine applies to quiet title actions. Birou v. Thompson-Brown Co., 67 Mich.App. 502, 241 N......