Grand Rapids Trust Co. v. Doctor

• Decision Date: 22 March 1923
• Docket Number: No. 21.,21.
• Citation: 192 N.W. 641,222 Mich. 248
• Parties: GRAND RAPIDS TRUST CO. v. DOCTOR.
• Court: Michigan Supreme Court

222 Mich. 248

192 N.W. 641

GRAND RAPIDS TRUST CO.

v.DOCTOR.

No. 21.

Supreme Court of Michigan.

March 22, 1923.

Error to Circuit Court, Muskegon County; John Vanderwerp, Judge.

Ejectment by the Grand Rapids Trust Company against Dick Doctor. Judgment for plaintiff, and defendant brings error. Affirmed.

Argued before WIEST, C. J., and FELLOWS, McDONALD, CLARK, BIRD, SHARPE, MOORE, and STEERE, JJ. Lovelace & Broek, of Muskegon (F. E. Wetmore, of Hart, of counsel), for appellant.

Wicks, Fuller & Starr, of Grand Rapids (Cross, Foote & Sessions, of Muskegon, of counsel), for appellee.

STEERE, J.

This action in ejectment was brought by plaintiff as trustee of the heirs of John Torrent, deceased, to recover from defendant possession of property described as ‘a portion of blocks 546, 547, and 548 of the revised plat of the city of Muskegon, Mich.’ Defendant pleaded the general issue with special notice of claim of title to the property acquired by adverse possession. The action was commenced by summons on March 11, 1921. On February 7, 1922, a verdict in ejectment for plaintiff was rendered by a jury under direction of the court, and judgment entered thereon in its favor.

It appears that the original government description of which the property in question formed a part was patented to one Theodore Newell in 1841, and by mesne conveyance John Torrent acquired title to the same on June 9, 1903. On March 15, 1906, the auditor general conveyed to the state of Michigan ‘entire block 202, Smalley's survey, city of Muskegon, according to plat thereof,’ previously bid in for delinquent taxes of 1895 to 1901, inclusive, and also, by deed of the same date, ‘entire block 199 and the west half of block 299 of Smalley's survey of the city of Muskegon,’ for delinquent taxes of 1895 to 1905 inclusive. The lands so conveyed include those described in plaintiff's declaration under new numbers on the revised plat of the city. These conveyances were recorded in the office of the register of deeds of Muskegon county on November 16, 1906.

On October 30, 1909, Huntley Russell, commissioner of the state land office, sold and conveyed to John Torrent entire block 199 of Smalley's survey, of the city of Muskegon, ‘now known as entire blocks 546, 547, and 548, according to the map of 1903,’ it being recited amongst other things that the deed was given ‘under section 131, Act 206, P. A. 1893, as amended by Act 141, P. A. 1901.’ This deed was recorded in the office of the register of deeds of Muskegon county, January 12, 1910.

As against plaintiff's record proof of title defendant introduced testimony to the effect that he had been in possession of the premises in question since the year 1903, and in 1905 had built a house thereon, since which time he had lived in the house and occupied the premises, the value of the house and other improvements made by him thereon amounting to $700, and that he claimed ownership of the same by prescription. It was also shown by other testimony that he took possession of the land as a squatter without right or title thereto, it then lying open, unoccupied, and unimproved; that he never fenced any portion of it, cleared but a small patch for a garden, and never paid any taxes upon the land, but did for two years pay a personal tax on his house assessed against him as personal property on a valuation of $500.

At conclusion of proofs the court directed a verdict for plaintiff, holding that the conveyances of March 15, 1906, from the auditor general to the state, and from the state, by the commissioner of the land office, to Torrent in 1909, ‘started a new chain of title,’ and defendant had not been in possession of said premises for a sufficient length of time since March 15, 1906, to establish title by prescription. Defendant's assignments of error are that the ‘court erred in overruling the motion of defendant to direct a verdict in his favor, * * * in holding that the said state homestead deed cut off all prior titles, [and] in directing said jury to return a verdict for plaintiff.’

In deciding the case the trial court held immaterial and struck out all evidence of plaintiff's title prior to the deeds from the auditor general to the state of Michigan of March 15, 1906, holding that by such conveyances the state became completely vested with an absolute title in fee to said property distinct and independent of any preceding transactions in relation to it which could in any way affect the title which the state might thereafter convey.

It is contended for defendant that, having become owner of this land in 1903, it was Torrent's duty to pay all taxes then due or thereafter levied upon the same; that by neglecting to do so, permitting the land to be conveyed to the state for delinquent taxes, and thereafter buying it from the state he acquired no other nor greater title than he had in the first instance, but simply reacquired and was confirmed in the title he originally had, and he could not by such method take advantage of his own negligence in failure to pay his taxes as they came due. In support of this contention counsel cite cases sustaining the general proposition that one who ought to pay the taxes on property cannot, by omitting to do so, purchase the same at a sale for nonpayment of taxes, and thereby strengthen his title; that a deed so obtained by him would convey no other or greater title than he previously had, but such a payment of money to the state will be regarded as a payment by him of his taxes, and not as a purchase of the property.

On the part of plaintiff it is contended that rule has no application where absolute title has been acquired by the state and the property placed in the list of tax homestead lands pursuant to provisions of the statute upon that subject, when the original owner thereafter has no more interest in it than any stranger to that title.

Section 4126, Comp. Laws 1015, authorizing conveyance to the state by the auditor general of lands bid in for delinquent taxes for five years or more after time for redemption had expired with no application to pay, redeem, or purchase, and no action taken to remove cloud or set the taxes aside, declares: ‘The title to the state shall be deemed absolute in and to said lands.’ When pursuant to required findings and prescribed steps a deed of such...