Bangs v. Stephenson

• Citation: 30 N.W. 317,63 Mich. 661
• Parties: BANGS and others v. STEPHENSON and others.
• Decision Date: 17 November 1886
• Court: Supreme Court of Michigan

63 Mich. 661
30 N.W. 317

BANGS and others
v.
STEPHENSON and others.

Supreme Court of Michigan.

November 17, 1886.

Appeal from Menominee. In chancery.

Bill in chancery in the county of Menominee, to determine title to certain lands in said county. On demurrer, the bill was dismissed, and complainants appeal.

[30 N.W. 318]

Olds & Robson and Isaac Marston, for complainants.

B.J. Brown, for defendants.

MORSE, J.

Margaret B. Bangs is the widow, and the other complainants are the sons, of Anson Bangs, who died in Virginia in 1880. By his will, probated in Kings county, New York, and in Menominee county, in this state, they receive and are entitled to his whole estate, share and share alike.

It is shown by the bill of complaint filed in this cause in March, 1886, that on the third of August, 1858, one John Quimby, then of Menominee, Michigan, under the provisions of section 8, act 31, Laws 1858, purchased several parcels of land in said county of Menominee, and paid to the state therefor one-quarter of the purchase price, $80.11; that the balance of the purchase money was to draw interest at 7 per cent., said interest to be paid on or before the first day of March in each year, or within 60 days thereafter. He received in evidence of his purchase a part-paid certificate, numbered 2,486, issued to him by the commissioner of the state land-office, August 3, 1858. These parcels constituted one continuous body of land.

January 12, 1859, for a valuable consideration, Quimby conveyed a portion of these lands, described as lot No. 1 of section 26, township 32 N., of range 27 W., with other lands, to John N. Thereault, by warranty deed recorded April 23, 1859. Thereault, on the ninth of July, 1859, in consideration of $134, conveyed, by a good and sufficient deed, the said lot 1, with other lands, to the said Anson Bangs, which deed was recorded August 8, 1859. And it is averred that these conveyances vested in said Bangs all the title of John Quimby, under said certificate 2,486, to said lot 1, and the recording of said deeds was due notice to all of his interest in said land. The certificate was turned over to said Bangs, which, together with the receipts of the state treasurer up to and including March 1, 1868, for interest, are now in the possession of complainants; that the payment of interest aforesaid was made by said Bangs to protect his interest in said certificate, which has never been divided or surrendered to the state; and that some time in 1860 the said Quimby assigned to said Bangs the entire balance of his remaining interest in said certificate, and thereupon Bangs paid to the state all the interest due thereon, and the penalty which had accrued, within the time prescribed by law; and that on or about the twenty-ninth day of November, 1864, the said Quimby filed a bill in the circuit court for the county of Menominee, in chancery, against the commissioner of the state land-office and said Anson Bangs, alleging fraud and misrepresentation by Bangs in obtaining the balance of Quimby's interest in said certificate, and praying for an order vacating the assignment to...