French v. Christy
| Decision Date | 09 October 1877 |
| Citation | 37 Mich. 279 |
| Court | Michigan Supreme Court |
| Parties | George French v. Harlan P. Christy and Adam Gallinger |
Appeal from Wexford.
Bill to compel the conveyance by defendants to complainant of certain lands which the latter claims to have selected and reserved under a swamp land State road contract, but which the State had patented to defendants' grantor. The road contracted for was to have been built by July 1, 1867. It is provided by law that on filing a list of the lands selected to apply on the contract, they shall be withheld from market during the full time specified in the contract for its completion. How. Stat. § 5414. The complainant applied at the land office for the lands he wanted, through an agent to whom he sent four successive lists, two of which the agent presented at the office before July 1st, and two between that date and August 29. The agent testified that he called the attention of an officer to the minutes and had the different descriptions as contained in the lists reserved upon the contract, the officer making the entries on the plat book. The lists were not filed but were returned to the agent at his request and sent back to the complainant. No list was actually filed until late in August, and it is not certain that any was filed until October, 1870. The contract does not seem to have been fully executed until 1868, but the time allowed was never extended, though a resolution of the Board of Control of State Swamp Lands, dated April 1, 1868, and ordering that all contracts which expired by their terms before Dec. 31, 1867, should should stand as cancelled from July 31, 1868, was suspended as to this contract before that date. The court below decreed a conveyance and defendants appealed. Reversed and bill dismissed.
Decree reversed and the bill dismissed with costs of both courts to defendants.
J. T Holmes, Maynard & Swan and T. A. Ferguson for complainant, cited the following statutes: Act 117 of 1859 amended by Acts 107 of 1861, 26 of 1862, and 224 of 1863 Acts 154 and 339 of 1865; and Act 76 of 1867. Under How. Stat. § 5414 the reservation is to continue while the contract is in force, and in this case the limitation of time was waived by the resolutions of April 1 and July 8, 1868. Waiver as to time may be implied, and be made after the contract expires. Clark v. Dales 20 Barb. 63; Smith v Gugerty 4 Barb. 621; Jewell v. Schroeppel 4 Cow. 564; Shaw v. Lewistown Turnpike Co. 2 Penn. 454; 3 Penn. 445.
S. F. Seager and Meddaugh & Driggs for defendants. Reservations cannot be made except according to statute. People v. Pritchard 17 Mich. 340. The right to reserve is forfeited if the contract is not executed within the time limited for its fulfillment. Houghton County v. Commissioner of State Land Office 23 Mich. 283; Newcombe v. Chesebrough 33 Mich. 321.
The defendants hold certain swamp lands which the State patented to one Robinson, and complainant sues in equity for them on the claim that when they were patented he had a right against them as lands duly reserved in his favor as a swamp road contractor, and that they were not lawfully...
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Matthews v. Bloodworth
...done any act by which the interests of third parties may be affected, he may withdraw his offer and take possession of the platted lands. 37 Mich. 279; 57 Miss. 61 Mo.App. 422; 40 N.Y. 442; 26 O. St. 94; 92 Wis. 477. See, also, on the right to amend, Kirby's Dig., § 6095; 99 Ark. 496. C. T.......