Hovey v. Nellis
| Decision Date | 09 January 1894 |
| Citation | 57 N.W. 255,98 Mich. 374 |
| Court | Michigan Supreme Court |
| Parties | HOVEY v. NELLIS et al. LICHT v. SAME. |
Appeal from circuit court, Wayne county; in chancery; George Gartner, Judge.
Two actions-one by Frank D. Hovey against Caroline Nellis and Mary M. Beck, and the other by Frank J. Licht against the same defendants-to quiet title to certain real estate. From a decree for plaintiff in each case, defendants appeal. Affirmed.
Gray & Gray, (W. J. Stuart, of counsel,) for appellant Caroline Nellis. Bowen, Douglas & Whiting, (W. J Stuart, of counsel,) for appellant Mary M. Beck. O. E Angstman, (Clark & Pearl, of counsel,) for appellee.
The controversies in these two suits are identical, and are governed by the same facts. In this opinion we will refer only to the case of Hovey v. Nellis. The bill is filed to quiet the title to outlot No. 4 of the L. Moran farm in the city of Detroit. This farm was a narrow strip of land a few hundred feet wide, and extending back from the Detroit river about three miles. It was divided into nine lots, numbered from 1 to 9, inclusive. Lot No. 9 lay furthest from the river, and included 60.53 acres. It was subsequently subdivided into 19 outlots, numbered from 1 to 19, inclusive. The controversy in this case relates to outlot No. 4. Louis Moran, the owner of the entire farm, made his will in 1825 and died in 1829. He left, surviving, a widow and several children. He had made certain deeds of gift to his other children, aside from his son Louis, which he recognized in his will. All his real estate not deeded to his other children he devised as follows: (1) To his wife, Katherine for life. (2) To his son Louis for life, charged with the support of one of the testator's daughters. (3) To his daughter-in-law Maria, wife of his son Louis, during widowhood. (4) "The remainder of my said real estate I give and devise to the children of my said son Louis Moran, and, if my said son Louis shall lie leaving no children, then to my heirs according to law." Complainant claims by purchase through mesne conveyance from the devisees of Louis Moran, Sr. The defendants claim as heirs of said Louis Moran, Sr. It is conceded that the devise to Maria is void under the statute, but that it does not affect the validity of the remainder of the will. Louis Moran, Jr., had three children,-the defendant Caroline Nellis, Octavia M. Sylvester, and James L. Moran. Mrs. Sylvester died in November, 1861; leaving one child,- the defendant Mary M. Beck. James L. Moran is dead, but the date of his death is unknown. He had one child, who died in May, 1886. In 1845, Katherine Moran, the widow, and Louis Moran, Jr., and his wife, conveyed by deed all their interest in the land to the three children of Louis Moran, who were then minors. One J. B. Vallee was duly appointed their guardian. In 1847 the guardian filed a petition in the circuit court for the county of Wayne in chancery, praying leave to sell their real estate under the provisions of the statute. The proceedings taken thereunder were regular, and on November 16, 1849, pursuant to the decree of the court, a deed was duly executed by the guardian, conveying the land in question to John A. Damm and Joseph Grones, from whom complainant derives his title. Louis Moran, Jr., died June 20, 1869, leaving as heirs his two children, James L. Moran and Caroline Nellis, and his grandchild Mary M. Beck. December 11, 1871, Caroline Nellis brought suit in ejectment against Jacob Brown to recover possession of "the undivided half of lot 4 of the Louis Moran farm." No proceeding has ever been taken in this suit other than to file declaration, and to file proof of alleged service thereof upon Brown. By mistake the land in the deed to Damm and Grones was erroneously described as outlet 5 instead of outlet 4. It is conceded by the defendants that this was an error apparent upon the record, and corrects itself. Complainant claims that, at the time of the deed to Damm and Grones, the title of this land was vested in the children of Louis Moran, Jr., and that, the proceeding in chancery to sell being regular, Damm and Grones became vested by the deed to them of the entire title in fee simple. He also claims that, if this be not so, still he has obtained title by exclusive and adverse possession for more than 20 years. The defendants insist that the only estate held by these children at the time of the guardian's deed was a contingent remainder, and not a vested remainder, and that, while Louis Moran, Jr., lived, it was uncertain whether he would leave any children, and therefore it was uncertain to whom the property would pass. They also insist that the ejectment suit brought by defendant Nellis intercepted the running of the statute of limitations. It is further insisted, on behalf of defendant Nellis, that, the mother of defendant Mrs. Beck having died prior to the death of Louis, Jr., she (Mrs. Beck) took no interest in the reversionary estate, and that the children of Louis surviving him, and not their issue, should take. On the contrary, it is insisted, on behalf of Mrs. Beck, that she inherited the one-third which her mother would have inherited, to take effect upon the termination of the life estates. At the date of the will, and also at the death of Louis Moran, Sr., his son Louis had no children. James L. was born in 1832, Caroline in 1838, and Octavia in 1842. Defendant Brown purchased the land in 1867. The following year he took actual possession of the land under his deed. The proofs established an actual, hostile, open, and notorious adverse possession for more than 20 years previous to the bringing of this suit. This is sufficient to establish in him a good title, unless the ejectment suit above mentioned prevents.
1. It has been the policy of the courts to hold these estates vested at the earliest possible moment. Chancellor Kent states the rule as follows: "No remainder will be construed to be contingent which may, consistently...
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