Chidsey v. Wayne Circuit Judge
Chidsey v. Wayne Circuit Judge
Opinion of the Court
On December 22, 1898, one Mrs. Frances P. Edwards filed a bill for partition, making the relator and others parties thereto. The property belonged to Philo Parsons in his lifetime. He left seven children, of whom the relator and Mrs. Edwards were two. The lands were situated in the city of Detroit, fronting upon Woodward avenue and Watson street; extending from Woodward avenue back to John R. street. A strip 74 feet wide next to Watson street was the property of Mrs. Parsons. The 43 feet adjoining that belonged to Mr. Parsons. Relator had mortgaged her interest in the land belonging to her mother to one Jennie M. Collier. That mortgage was foreclosed, a foreclosure deed executed and recorded, and the time of redemption, if no extension of time had been given, had expired 12 days before this bill was filed. The bill of complaint alleged the foreclosure proceedings, the execution and recording of the deed thereunder, and then alleged that ‘ ‘ said foreclosure sale is still open to redemption, under an agreenient extending the time therefor.” The bill was taken as confessed against relator after due process was served upon her. Mrs. Collier answered, but
Eelator does not claim any misrepresentation on the part of the complainant in the bill for partition, or any one else connected therewith. She rests ‘ ‘ on the assumption that the proceeding was a formal one, and that her rights would be protected by the court.” The bill positively asserted that the time of redemption from the foreclosure proceedings had been extended. If so, she still had an interest in the property, and was a proper party to the suit. She is chargeable with notice of the contents of the bill. If, as she now asserts, she had parted with her title to lot 4, the bill could not have been maintained, because she had no interest therein. If, on the contrary, the time of redemption had been extended, she still had an interest, and was properly made a party. The answer of Mrs. Collier is a virtual admission of the truth of the allegation. No one thought it worth while to deny this allegation or to contest it until the close of the proceedings, which lasted three years, and which have subjected the parties to great expense. We think it was the duty of relator to know what was in the bill of complaint, and,
The writ is denied.
Reference
- Full Case Name
- CHIDSEY v. WAYNE CIRCUIT JUDGE
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- Published