Keyes v. Sherwood

• Decision Date: 12 October 1888
• Citation: 71 Mich. 516,39 N.W. 740
• Court: Michigan Supreme Court
• Parties: KEYES v. SHERWOOD ET AL.

39 N.W. 740

71 Mich. 516

KEYES v. SHERWOOD ET AL.

Supreme Court of Michigan

October 12, 1888

Error to circuit court, Berrien county.

Ejectment by Rollin A. Keyes against Cecelia I. and Isaac S. Sherwood. There was a judgment for defendants, and plaintiff brings error.

CHAMPLIN J.

This action is ejectment to recover the N.E. 1/4 of the N.W. 1/4 of section 20, in town. 4 S., range 18 W.; and also a right of way on the west side of the S.E. 1/4 of the N. W 1/4 of said section. The plaintiff's right to recover depends upon the validity of a sale made under a foreclosure of a mortgage by advertisement, covering the lands in question. The mortgage was executed on the 1st day of June, 1868, by Charles R. Brown, Celinda L. Brown, Henry M. Brown, and Delia Brown, to Jane G. w. Taylor; and among other lands contained the description following: "The east half of the north-west quarter of section twenty, in town four south, in range eighteen west." In June, 1875, the mortgagee executed a release and discharge of a portion of the mortgaged premises described as follows: "The south one-half of the east one-half of the north-west quarter of section twenty, (20,) town four (4) south, of range eighteen west; excepting forty-four (44) rods square on the south-east corner of said forty acres, which is conveyed to Silas Allen (it being the intention hereby to discharge said mortgage, as far only as it covers twenty-seven and 88-100 acres of land deeded by Isaac S. Sherwood and Cecelia I. Sherwood to William D. Sherwood, by deed dated February 7, A. D 1865.)" The proceedings to foreclose the mortgage were begun August 18, 1877, and the descriptions covering the lands in question is as follows in the notice as published "The east half of the north-west quarter of section twenty, in town four (4) south, of range (18) west; but excepting and reserving from the said mortgage sale the south half of the east half of the north-west quarter of section 20, in town 4 south, of range 18 west; excepting forty-four rods square in the south-east corner of said forty acres which is conveyed to Silas Allen, and the right of way on the west side of said forty acres to the north forty-acre lot adjoining said land, reserved free from said sale, being twenty-seven and eighty-eight one hundredths of land deeded by Isaac S. Sherwood and wife to William D. Sherwood, by deed dated February 7, 1865, having been released and discharged from the lien of said mortgage." The mortgagee became the purchaser at the sale; and at the sale all the land covered by the mortgage on the E. 1/2 of the N.W. 1/4 of section 20, except the portion released, was sold as one parcel. The...