Boardman v. Boozewinkel

• Decision Date: 19 September 1899
• Citation: 121 Mich. 320,80 N.W. 37
• Court: Michigan Supreme Court
• Parties: BOARDMAN v. BOOZEWINKEL et ux.

80 N.W. 37

121 Mich. 320

BOARDMAN v. BOOZEWINKEL et ux.

Supreme Court of Michigan

September 19, 1899

Error to circuit court, Kent county; Allen C. Adsit, Judge.

Ejectment by Mary L. Boardman against William Boozewinkel and Nellie Boozewinkel, for dower in certain land. There was a judgment in favor of complainant, and defendants bring error. Affirmed.

This case was tried by the court without a jury, and the following findings made:

'(1) Francis D. Boardman became the owner in fee simple, by mesne conveyances from the United States, of the N.E. 1/4 of S.W. 1/4 Sec. 18, T. 7 N., R. 11 W., Kent county Michigan, on December 8, 1852. (2) This land was sold by the sheriff of Kent county, on execution against said Francis D. Boardman and in favor of Julius C. Dennison, to said Dennison, December 18, 1863. Said Dennison conveyed a part of said land to Charles W. Taylor, and said Taylor conveyed the same to Adolphus L. Skinner. (3) Said Skinner platted the land he thus purchased into blocks, lots, and streets, April 26, 1873, as A. L. Skinner's addition to the city of Grand Rapids. That portion containing the land described in plaintiff's declaration was platted as block 7. (4) November 1, 1877, said Skinner and wife gave a mortgage to Henry W. Hinsdale, as administrator of the estate of Henry A. Kerr, deceased, for $3,500, on said block 7, excepting 50 feet off the north side and east end. Said mortgage was duly assigned to Amelia Kerr, as executrix of the estate of said Henry A. Kerr, deceased December 18, 1879. Said mortgage was afterwards duly foreclosed, and the land sold by virtue of the foreclosure decree to said Amelia Kerr, as such executrix, March 24 1881. Edwin F. Uhl was attorney for the said Kerr estate at the time of the foreclosure of the said mortgage, and also at the time he bid in the premises covered by said mortgage at tax sale for the taxes of 1881. (5) The land described in the last preceding paragraph was conveyed by said executrix to Edmund M. Barnard December 30, 1889. (6) Said Barnard conveyed an undivided half interest in the same land to Sybrant Wesselius January 13, 1890. (7) The same land was platted by said Barnard and Wesselius, as Barnard & Wesselius' subdivision in the city of Grand Rapids March 22, 1890, and the land described in plaintiff's declaration was platted as lot 24 of said subdivision. (8) Said lot 24 was conveyed by said Barnard to said Wesselius May 7, 1890, and by said Wesselius and wife to defendants September 22, 1894. (9) Said plaintiff, Mary L. Boardman, was married to Francis D. Boardman August 15, 1839, and they lived together as husband and wife in Grand Rapids, Michigan, from 1850 to July 28, 1882. (10) Said Francis D. Boardman died at Grand Rapids, Michigan, July 28, 1882. (11) Plaintiff is now living, and was seventy-nine years of age at the time of the commencement of this suit and the demand of her dower interest in said land. (12) Defendants were occupying said lot 24 under their deed from said Wesselius and wife at the time this suit was commenced, and when demand of dower was made upon them, and they still occupy the same. (13) The value of the entire 40 acres of land sold on said execution sale at the time of said sale was ten thousand dollars. The value of that portion of said 40 acres in issue in this suit, being said lot 24, at the time of said execution sale, was $60. Since said sale the said 40 acres has been platted into streets and lots. Had it been so platted at the time of said execution sale, the value of said lot would have been $150. (14) Demand was made of said defendants, on behalf of said plaintiff, for her dower rights in said premises, prior to the commencement of this suit, which demand was refused.

'Conclusions of law: (1) Plaintiff had a dower right in said lot, as...