Peters v. Cartier

• Decision Date: 11 April 1890
• Citation: 45 N.W. 73,80 Mich. 124
• Court: Michigan Supreme Court
• Parties: PETERS et al. v. CARTIER et al.

45 N.W. 73

80 Mich. 124

PETERS et al. v. CARTIER et al.

Supreme Court of Michigan

April 11, 1890

Appeal from circuit court, Mason county, in chancery; J. B. JUDKINS Judge.

J B. McMahon, for appellant.

Dovel, Smith & Smurthwaite, for appellees.

GRANT, J.

On May 26, 1883, one William G. Hinman, being the owner in fee of the land in dispute, and other lands, sold and conveyed them by waranty deed to complainant Richard G. Peters. The consideration was $20,000. The whole number of acres conveyed was 1,160. They were situated in sections 26, 27, 28, 33, 34, 35, and 36, township 20 N., range 15 W., and section 3 township 19 N., range 15 W., Mason county. They comprised all the lands he owned in that vicinity, and were known among lumbermen as the "Pierce & Hinman Lands." June 1 1883, the deed was recorded in the office of the register of deeds for Mason county. By the neglect or oversight of the register, the N. 1/2 of the N.E. 1/4 and the S.W. 1/4 of the S.E. 1/4 of section 34 were omitted from the record. May 30 1883, Peters executed a mortgage upon all the lands described in the Hinman deed, and other lands also, for $50,000. This mortgage was recorded June 1, 1883, and the record contained a description of the land here in controversy. This mortgage contained some defects, not material to the issue in this case; and December 24, 1883, Peters and his wife executed another mortgage to correct them. This mortgage covered the same lands as the first, and was recorded January 4, 1884. After the purchase from Hinman the lands were assessed to Peters, and the taxes paid by him and his co-complainant. Douville knew of the sale to Peters. He was a land speculator. Having learned from the record the condition of the title as it there appeared, he wrote to Hinman, who lived in Pontiac, a letter, dated September 8, 1885, offering him $10 for a quitclaim deed of the whole of section 24, township 20 N., range 15 W. The letter contained this statement: "It is probably worth nothing to you, and I do not know as it will be worth anything to me." Hinman wrote accepting the offer. Douville thereupon, on September 15th, sent him a draft for $10, and a deed for section 34 instead of 24. Hinman testifies that he signed the deed supposing that it was for section 24, and he assigns a good and honest reason for executing such a deed for the latter section. This deed was recorded September 22, 1885. September 28, 1887, Douville conveyed to Cartier, by quitclaim deed, the S.W. 1/4 of S.E. 1/4 of section 34; the consideration being $2,500. Before the deed to Cartier was made, Douville procured an abstract of the title, and delivered it to him. This showed the two mortgages above mentioned, and the quitclaim deed to Douville with a consideration of $1. Peters and Douville lived in Manistee; Cartier, in Ludington. Douville employed one Stronach to sell the land for him, offering him $200 to make a sale. Cartier had previously requested Stronach to be on the lookout for pine lands for him. Stronach informed Cartier of this land, and Douville's offer to sell for $2,500. Stronach was a careful timber estimator. He examined the land at the request of Cartier, and reported to him that there were 650,000 of pine timber, worth $6 per 1,000. When Stronach offered the land to Cartier, Cartier replied: "Isn't that the forty that Mr. Peters had a claim on?" Cartier had lived upwards of 30 years in Manistee and Ludington; was well acquainted with Peters; could communicate with him at any time by telephone; kept himself posted, to know where the pine in that region was, and who owned it; went to Manistee to see Douville about the purchase. He further testifies that his neighbors knew, substantially, what pine he owned, and he knew what pine his neighbors owned. He knew that Douville's title rested upon a quitclaim deed, with only a nominal consideration. Douville refused to warrant his title. Complainants did not know of the mistake in the record until after the...