Paine v. Newell

• Decision Date: 09 June 1887
• Citation: 33 N.W. 491,66 Mich. 245
• Parties: PAINE v. NEWELL, Com'r, etc.
• Court: Michigan Supreme Court

33 N.W. 491

66 Mich. 245

PAINE v. NEWELL, Com'r, etc.

Supreme Court of Michigan

June 9, 1887

Appeal from circuit court, Muskegon county. In chancery. H.L Delano and Henry H. Holt, for defendants.

CAMPBELL C.J.

Mrs Paine, the complainant, began this suit to secure the title to a 40-acre lot, which she claims under title derived from William R. Bowes, trustee of what were popularly known as the "Port Huron & Grand Haven Railway Lands." The Bowes title and other titles having all been held invalid, the state of Michigan, under a title granted by act of congress passed an act in June 9, 1879, for the protection of bona fide settlers and purchasers, allowing them to apply within six months after the act took effect to the commissioner of the state land-office, and prove their claims, and pay 10 cents an acre and taxes. Complainant filed her bill in May, 1884, setting up, in substance, that she purchased the land in question in 1881 for a valuable consideration from Olive M. Woods, who had, for a valuable consideration, purchased from Bowes in 1878. She represented the land as vacant, and set up that the deed from Bowes to Mrs. Woods had, when drawn, a description of the N.E. 1/4 instead of the N.W. 1/4 of the S.W. 1/4 of section 21, in town 9 N., of range 16 W., in Muskegon county. It further set out that the N.W. 1/4 of the S.W. 1/4 was the land intended, and the only land which Bowes claimed to own or did own in that section; and that, on comparing the deed with the official lists, the error was discovered, and Bowes directed the deed to be corrected, and the word "west" was thereupon written in, and "east" erased. It then set out that, "on or about the eighth day of March, 1884," complainant presented the deeds from Bowes to Mrs. Woods, and from Mrs. Woods to complainant, at the land-office, to Mr. Sleeper, the deputy-commissioner, and paid to the state treasurer $40.18, which was the amount stated by Mr. Sleeper as due, and offered to comply with the statute, and requested a patent; that the commissioner, after waiting till June 12, 1884, told complainant's agent the claim was rejected, and that he subsequently offered the land for sale at auction, and defendant Kittle bid it in; that before Kittle paid his bid he was informed of complainant's rights, and that there was no more than a verbal error, or a word obscurely written, and that a bill would be filed to correct the title. Some other averments, not necessary to be noticed, were set forth. This bill was demurred to, and the demurrer sustained, with leave to amend. An amended bill was filed, the allegations of which do not differ materially from those of the first, except that it states the conveyance from Mrs. Woods to complainant as made in August, 1880, instead of 1881, and also avers improvement and occupancy by a tenant. This bill was also demurred to, and the demurrer sustained, with leave to amend.

We have no doubt the bill is properly...