427 N.W.2d 620 (Mich.App. 1988), 99881, McKay v. Palmer

Docket NºDocket No. 99881.
Citation427 N.W.2d 620, 170 Mich.App. 288
Opinion JudgePER CURIAM.
Party NameJoseph McKAY and Gloria McKay, Plaintiffs-Appellants, v. Marie T. PALMER, Harold C. Palmer, Winifred P. Croul, Moyed H. Najor, Hani Najor, Mowfak Najor, and Adnan Najor, jointly and severally, Defendants-Appellees, and Walter C. Palmer, Defendant.
Judge PanelBefore HOLBROOK, P.J., and MacKENZIE and BAGULEY, [*] JJ.
Case DateJuly 20, 1988
CourtCourt of Appeal of Michigan (US)

Page 620

427 N.W.2d 620 (Mich.App. 1988)

170 Mich.App. 288

Joseph McKAY and Gloria McKay, Plaintiffs-Appellants,

v.

Marie T. PALMER, Harold C. Palmer, Winifred P. Croul, Moyed

H. Najor, Hani Najor, Mowfak Najor, and Adnan

Najor, jointly and severally,

Defendants-Appellees,

and

Walter C. Palmer, Defendant.

Docket No. 99881.

Court of Appeals of Michigan.

July 20, 1988

Submitted April 7, 1988.

Released for Publication Aug. 29, 1988.

[170 Mich.App. 289] Frank W. Cormack, Quincy, Mass., for plaintiffs-appellants.

Clark, Klein & Beaumont by Michael V. Kell and Lenora P. Ledwon, Detroit, for Winifred P. Croul.

Before HOLBROOK, P.J., and MacKENZIE and BAGULEY, [*] JJ.

PER CURIAM.

This is a quiet title action. Plaintiffs appeal as of right from an order granting summary disposition in favor of defendants. We affirm.

The real estate at issue, commercial property located on Woodward Avenue in Detroit, was originally owned by Harold Palmer, a Massachusetts resident. Plaintiff Joseph McKay (plaintiff) was Palmer's Massachusetts attorney. In July, 1975, eighty- eight-year-old Palmer executed in Massachusetts a [170 Mich.App. 290] quitclaim deed conveying the property to himself and plaintiff as

Page 621

joint tenants with rights of survivorship and not as tenants in common. In November, 1975, defendants Najor purchased the property from Palmer, plaintiff, and plaintiff's wife on a ten-year land contract. The whereabouts of the land contract proceeds is apparently largely unknown.

In 1981, Palmer executed a quitclaim deed conveying the Woodward Avenue property to his children, defendants Winifred Croul and Marie, Harold, and Walter Palmer (defendants). Palmer also assigned his interest in the Najor land contract to defendants. Palmer died in 1983.

On September 18, 1984, plaintiff and his wife filed in Wayne County the instant action to quiet title and to compel an accounting by the Najors, who had been placing their land contract payments in an escrow account.

In 1980, Palmer and defendants had filed an action against plaintiff in a Massachusetts superior court, apparently seeking an accounting as to certain of Palmer's real and personal property (including the instant property) which plaintiff allegedly wrongfully obtained. The case was referred to a master, whose findings were agreed to be final. The following...

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  • 517 N.W.2d 756 (Mich.App. 1994), 144762, Kraus v. Gerrish Tp.
    • United States
    • Michigan Court of Appeal of Michigan (US)
    • 30 Junio 1994
    ...nature of actions to determine interests in land, M.C.L. § 600.2932(5); M.S.A. [205 Mich.App. 50] § 27A.2932(5); McKay v. Palmer, 170 Mich.App. 288, 293, 427 N.W.2d 620 (1988). III In Docket Nos. 144762, 144763, 144998, and 144999, defendants argue that the trial court erred in failing to r......
  • 655 N.W.2d 779 (Mich.App. 2002), 230289, McFerren v. B & B Inv. Group
    • United States
    • Michigan Court of Appeal of Michigan (US)
    • 22 Octubre 2002
    ...hands doctrine, he was not entitled to relief. A suit to quiet title or remove a cloud on a title is one in equity. McKay v. Palmer, 170 Mich.App. 288, 293, 427 N.W.2d 620 (1988). We review equitable actions de novo but review the trial court's factual findings for clear error. Michigan Nat......
  • 664 N.W.2d 796 (Mich.App. 2003), 222800, Hall v. Hanson
    • United States
    • Michigan Court of Appeal of Michigan (US)
    • 7 Febrero 2003
    ...on title" and an action to quiet title as the appropriate remedy). [10] See M.C.L. § 560.221. [11] See McKay v. Palmer, 170 Mich.App. 288, 293, 427 N.W.2d 620 (1988) ("A suit to quiet title or remove a cloud on a title is one in equity and not at law."). [12] Binkley v. Asire......
  • Estate of Riashi v. Frangedakis, 030398 MICA, 190819
    • United States
    • Michigan Court of Appeal of Michigan (US)
    • 3 Marzo 1998
    ...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 in with clean hands” is an integral part of any ac......
  • Request a trial to view additional results
6 cases
  • 517 N.W.2d 756 (Mich.App. 1994), 144762, Kraus v. Gerrish Tp.
    • United States
    • Michigan Court of Appeal of Michigan (US)
    • 30 Junio 1994
    ...nature of actions to determine interests in land, M.C.L. § 600.2932(5); M.S.A. [205 Mich.App. 50] § 27A.2932(5); McKay v. Palmer, 170 Mich.App. 288, 293, 427 N.W.2d 620 (1988). III In Docket Nos. 144762, 144763, 144998, and 144999, defendants argue that the trial court erred in failing to r......
  • 655 N.W.2d 779 (Mich.App. 2002), 230289, McFerren v. B & B Inv. Group
    • United States
    • Michigan Court of Appeal of Michigan (US)
    • 22 Octubre 2002
    ...hands doctrine, he was not entitled to relief. A suit to quiet title or remove a cloud on a title is one in equity. McKay v. Palmer, 170 Mich.App. 288, 293, 427 N.W.2d 620 (1988). We review equitable actions de novo but review the trial court's factual findings for clear error. Michigan Nat......
  • 664 N.W.2d 796 (Mich.App. 2003), 222800, Hall v. Hanson
    • United States
    • Michigan Court of Appeal of Michigan (US)
    • 7 Febrero 2003
    ...on title" and an action to quiet title as the appropriate remedy). [10] See M.C.L. § 560.221. [11] See McKay v. Palmer, 170 Mich.App. 288, 293, 427 N.W.2d 620 (1988) ("A suit to quiet title or remove a cloud on a title is one in equity and not at law."). [12] Binkley v. Asire......
  • Estate of Riashi v. Frangedakis, 030398 MICA, 190819
    • United States
    • Michigan Court of Appeal of Michigan (US)
    • 3 Marzo 1998
    ...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 in with clean hands” is an integral part of any ac......
  • Request a trial to view additional results