Rhode v. Hassler

Decided May 25, 1897

Michigan Supreme Court · decided 1897-05-25

Bill by George Rhode against Frank H. Hassler to remove a cloud from title. From a decree dismissing the bill, complainant appeals. In October, 1891, one Mary J. Hopper owned a tract of land situated in the township of Grosse Point, Wayne county, consisting of about 27 acres, and conveyed the same to four parties, of whom one Samuel Lyons was one. They soon after recorded a plat of a portion of this land, laid out in lots.

Relies on Hoffman v. Buschman

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1897-05-25

How this case has been cited

Cited by 3 later decisions — most recently October 1942

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Grant, J.

¶1The record of the levy was notice to complainant, and it is immaterial to determine when he had actual notice of the levy and sale. His agent was present at the sale, and knew that the interest of Lyons was sold as a whole. Complainant has mistaken his remedy. He should have applied to the court wherein the judgment was rendered to set aside the sale for the alleged irregularity. Cavenaugh v. Jakeway, Walk. Ch. 344; Hoffman v. Buschman, 95 Mich. 538.

¶2The decree dismissing the bill is affirmed, with costs.

The other Justices concurred.