Curbay v. Bellemer

• Court: Michigan Supreme Court
• Writing for the Court: SHERWOOD, C.J.
• Citation: Curbay v. Bellemer, 70 Mich. 106, 37 N.W. 911 (Mich. 1888)
• Decision Date: 27 April 1888
• Parties: CURBAY v. BELLEMER.

37 N.W. 911

70 Mich. 106

CURBAY v. BELLEMER.

Supreme Court of Michigan

April 27, 1888

Error to circuit court, Chippewa county; J. H. STEERE, Judge.

SHERWOOD C.J.

This suit is ejectment, brought in the Chippewa circuit, to recover possession of the undivided 21-128 parts of lot No 3, in Frichette's addition to the village of Sault Ste Marie, in the county aforesaid, and being part of private land claim numbered 23, in said village. Under the plea of the general issue, the defendant gave notice that she would show that the plaintiff's action was barred by the statute of limitations. The cause was tried before Judge STEERE, without a jury, who found the facts at the request of the plaintiff, and subsequently rendered judgment for the defendant. The plaintiff brings error. The court found that on the 4th of May, 1874, John Baptist Boneau obtained a patent from the government, in pursuance of the act of congress provided for settling private land claims at Sault Ste. Marie, approved in 1850, which confirmed the title of the grantee to private claim numbered 23, in the village consisting of 2.95 acres. "That on the 20th day of August, 1857, the said John Baptist Boneau conveyed the whole of said private land claim number 23 to Dancite Boneau, his wife, by warranty deed, of that date, with all the usual covenants of warranty, which deed was duly executed acknowledged, and witnessed, and on that day recorded in the office of the register of deeds of said county, in Book Three (3) of Deeds, on page 145. Said John Baptist Boneau and his wife were of French descent, and Dancite, the name of his wife, is the same as Augusta in the English language. The said Dancite or Augusta died twenty-two years ago, leaving said estate undisposed of. That the heirs at law of the said Dancite or Augusta Boneau were six children, of whom Adelaide Boneau Lamarand was one, and Michael Boneau was another. Adelaide Boneau Lamarand and Michael Boneau died intestate before the year 1884; said Adelaide Boneau Lamarand leaving as heirs at law two children, the plaintiff in this suit, and Frank Lamarand, her brother; and the said Michael Boneau leaving as his heirs at law four children, namely, Pauline Boneau Trudo, Flora Boneau Burke, Michael Boneau, and Mary Jane Hussey, none of whom appear by the testimony to have been in any manner protected by minority, or to have been married, further than their names would indicate. That said Frank Lamarand conveyed his said interest in said private claim to the plaintiff, by deed dated July 30, 1887, which was duly acknowledged and witnessed and recorded in said register's office, September 8, 1887. That three of the four heirs of Michael Boneau, son of said Dancite or Augusta Boneau, also conveyed their interest in said private claim number 23 to the plaintiff, viz., Pauline Boneau Trudo, Michael Boneau, and Flora Boneau Burke, by deed dated August 26, 1887, which deed was duly executed, witnessed, and acknowledged, and afterwards recorded, on the 27th day of August, 1887, in Book 17 of Deeds, on page 460, in said register's office. By these several conveyances, and by her own inheritance, the plaintiff appears, from the records, to have acquired title to eleven forty-eighths of the whole of said private claim number 23. The defendant occupied that part of the private claim described in the plaintiff's declaration at the time of the commencement of this suit. Just previous to the commencement of this suit, the plaintiff applied to the defendant for her share of the lot which defendant occupied. Defendant wholly denied the plaintiff's right to any part of the property, or any interest therein. That plaintiff is now forty-two years of age, and was married, at the age of nineteen years, to her present husband, Peter Curbay, who is still living. That one of the daughters of the said John Baptist Boneau was named Dancite or Augusta, and she married William Frichette. On the 18th day of September, 1865, John Baptist Boneau quitclaimed private claim 23 to this daughter. This deed recites a consideration of one dollar, and was recorded in October, 1865. On the 7th day of October, 1868, Mrs. Dancite Frichette conveyed whatever interest she acquired, under the last-mentioned deed, to this entire claim number 23, to her husband, William Frichette, by warranty deed of that date. The said William Frichette and his said wife, by warranty deed of the date of ...