Norris v. Hall

• Decision Date: 15 May 1900
• Citation: 82 N.W. 832,124 Mich. 170
• Court: Michigan Supreme Court
• Parties: NORRIS v. HALL et al.

82 N.W. 832

124 Mich. 170

NORRIS v. HALL et al.

Supreme Court of Michigan

May 15, 1900

Error to circuit court, Berrien county; Orville W. Coolidge, Judge.

Ejectment by Mark Norris against Charles W. Hall and others. From a judgment in favor of plaintiff, defendants bring error. Affirmed.

This is an action of ejectment, was tried before the court without a jury, a finding of facts and law made, and judgment entered for the plaintiff. Plaintiff claimed title from the government. Defendants claimed title by certain tax deeds and adverse possession thereunder; that, if plaintiff held any title, he held it in trust for defendant Hall, and that he had obtained it while acting as his agent. The other defendants are tenants of Hall. By mesne conveyances from the government the title became vested, April 9, 1836, in one Henry H. Casey. Casey platted this and other lands as the town of 'North St. Joseph' on March 26, 1836. On March 24, 1838, Casey conveyed to Dunbar S. Dyson by government subdivision. March 26, 1838, Dyson conveyed to five persons, named Russell, Oakley, Alsop, Jr., Casey, and Sterne, as joint tenants. There five parties executed an agreement the same date as the last conveyance, reciting that Casey was trustee; that the object of the conveyance to Dyson and of Dyson to the five joint tenants was to fix the title in said joint tenants in fee simple absolute in joint tenancy as trustees, which agreement recited that they held said land in trust, according to certain articles of association set forth in said agreement; that the interests of all parties were to be confined to the net proceeds of the sale and disposition of the land. The articles of association were signed by the various stockholders, and recited the amount of stock held and owned by each. Such interests were to be personalty, and to pass to the personal representatives, and not to the heir of any of the cestuis que trustent who should die, and that no heir at law of any of the parties should at any time claim any estate, title, or interest, legally or equitably, in the land. The capital stock was $300,000. The trustees were to manage the capital, property, affairs, and concerns of the association; to donate any of the trust lands, if, in their judgment, the affairs of the association were to be benefited thereby; to carry out contracts previously made by Mr. Casey; to improve and lease the lands until sold, and to sell lands at times, in such manner and upon such terms as they saw fit; to elect officers, make investments, appoint such agents as might be necessary or useful, and to appoint one or more of the trustees agents to sign and execute conveyances. They were to sell the entire land within five years, if practicable. If found to be impracticable, then, within the following three years, they were 'to take such measures as may be necessary to effect that object,' and at the expiration of the eight years divide all moneys, property, and estate of the association ratably among the several stockholders; to commence and carry on all proper and necessary suits; to defend all suits; to make all lawful contracts, and to do all lawful acts that might be necessary and proper to carry into effect the object of the association. It was also provided 'that the conveyances of the tracts of land, or any part thereof executed by the trustees in person, or in the manner hereinafter stated, shall pass to the purchaser or purchasers thereof the whole legal estate thereof with guaranties of interests as shall be thereby intended so to be granted.' Article 17 reads: 'Upon the happening of any vacancy in the board of trustees the remaining trustees shall supply such vacancy from among the stockholders having the requisite number of shares, and upon the appointment of any new trustee the other trustees shall convey an interest in the property of the association by such instrument in writing as counsel shall advise, so as to make him a joint tenant thereof equal with themselves.' The trustees were further authorized to make by-laws, rules, and regulations for the management of the property. In three documents, executed, respectively, May 9, March 25, and February 10, 1846, the death of trustee Sterne was recited. These documents also recited that by the death of Sterne the entire title to the lands in question passed to the survivors by right to their joint tenancy. On February 10, 1846, the four surviving trustees executed a power of attorney, reciting the death of Sterne, to Cyrus Dana, to sell and convey the land. The eight years had nearly expired, and a sale had become mandatory under the trust. On March 25, 1846, the trustees, by Mr. Dana, their attorney and in pursuance of the agreement, conveyed the land in question to Charles R. Alsop. After the death of Sterne,--but the precise date does not appear,--the survivors caused a portion of the plat of North St. Joseph, including the premises in question, to be vacated. Mr. Alsop died intestate March 5, 1865. In 1892 his widow and heirs conveyed to the plaintiff. Defendant introduced certain tax deeds for the taxes of 1869 to 1880, inclusive; also a tax deed of 1882 one for 1883, and one for 1888, and gave evidence of adverse possession. Plaintiff gave evidence controverting the claim of adverse possession. Upon the tax deeds the court found as follows: 'I find that for the delinquent taxes of the years 1869 to 1880, inclusive, public sale was made May 4 1884, under the law of 1882. The deeds executed by the auditor general upon the sale made May 4, 1884, are introduced in evidence by defendants. I find as matter of law that all sales made on May 4, 1884, under the law of 1882 are invalid; that the tax deeds for the years extending from 1869 to 1880, inclusive, were made pursuant to a sale on May 4, 1884, under the law of 1882, and, consequently, that they are invalid. I find that...