Fisher v. Provin

• Decision Date: 13 July 1872
• Citation: 25 Mich. 347
• Court: Michigan Supreme Court
• Parties: Jane Fisher v. Margaret Provin

25 Mich. 347

Jane Fisher v. Margaret Provin

Supreme Court of Michigan

July 13, 1872

Heard July 13, 1872 [Syllabus Material] [Syllabus Material]

Appeal in Chancery from Ionia Circuit.

This was a bill filed by Jane Fisher, to quiet title to the lands described therein. The facts in the case were agreed upon by stipulation, as follows, viz.:

"That on the 22d day of June, 1855, Frederick Hall, of Ionia Michigan, was the owner in fee of the lands described in the bill of complaint in this cause, and that on that day Frederick Hall, together with Ann Hall, his wife, by warranty deed, duly executed and delivered, conveyed said lands in fee, to one Wilber Fisher, and the complainant in this cause; and that at the time of said conveyance the said Wilber Fisher, and the complainant were husband and wife, and as grantees in said deed of conveyance they were named and described as follows: 'To Wilber Fisher and Jane Fisher, his wife, of Ionia, Michigan, their heirs and assigns forever.' And that under this conveyance the said Wilber Fisher and the complainant, entered and were seized in fee simple, and continued so seized until the death of the said Wilber Fisher, who died on the 9th day of May, 1861; that since which time the said complainant has been in actual possession of said lands and premises, claiming title thereto.

"And that on the 16th day of July, 1862, Devilo L. Fisher, being the son of said Wilber Fisher and the said complainant, and the only heir-at-law of said Wilber Fisher, for a good and sufficient consideration, duly executed and delivered to one Mary A. Thomas, a sister of the said defendant, a quit-claim deed of said lands, and that said Mary A. Thomas, on the 18th day of July, 1862, for a good and sufficient consideration, duly executed and delivered to the defendant in this cause, a quit-claim deed of said lands, and that all of the deeds herein mentioned were duly recorded in the office of the register of deeds of the county of Ionia, as mentioned and set forth in the bill of complaint in this cause, and that said defendant claims title in fee to the undivided half of said lands, by virtue of said quit-claim deeds of conveyance, and that the complainant claims title in fee of all of said lands, as survivor, by virtue of said conveyance from Hall and wife to herself and husband."

The decree below was as follows, viz.:

"That the said complainant, Jane Fisher, is the legal and equitable owner in fee simple, and is in the actual possession of the following described pieces or parcels of land" [describing them as described in the bill ].

"That by the conveyance of the above described premises, by Frederick Hall and Ann Hall, his wife, to the said Wilber Fisher and said Jane Fisher, they being husband and wife, as alleged and set forth in the said complainant's bill of complaint in this cause, the said Wilber Fisher and Jane Fisher became seized of said premises as tenants in entirety and that, upon the death of said Wilber Fisher, as alleged in said bill, the whole estate created by said conveyance, became vested and remains in the said Jane Fisher as survivor.

"That the deed executed by Devilo L. Fisher, on or about the 16th day of July, A. D. 1862, to one Mary A. Thomas, and recorded in the office of the register of deeds, of the county of Ionia, in liber V of deeds, on page 655, and also that the deed executed by the said Mary A....