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158 Mich. 513

Duff v. Hall

Michigan Supreme Court

Decided November 5, 1909

Michigan Supreme Court · decided 1909-11-05

Summary proceedings by Eva M. Duff against William Hall for the possession of certain real estate. A judgment for defendant is reviewed by complainant on writ of error. Complainant obtained from the commissioner of the State land office a deed of the lot in question under section 131, Act No. 206, Pub. Acts 1893, as amended by Act No. 141, Pub. Acts 1901. Her deed was obtained September 20, 190?.

Affirmed · Decided 1909-11-05

Grant, J.

¶1(after stating the facts). Counsel for complainant concedes that, if the title to the land in question is involved, the circuit judge reached the correct conclusion. Defendant was the owner of the original title, and was peacefully and rightfully in possession of the land. He neither obtained nor retained possession by force. He therefore does not bring his case within the statute of forcible entry and detainer. 3 Comp. Laws, § 11154. Defendant did not hold possession of this land under any of the conditions specified in section 11164, which would entitle plaintiff to maintain a summary proceeding to recover possession. Defendant was not hold*515ing possession contrary to any contract or lease, or after the time of redemption had expired upon foreclosure or execution sale. Ejectment is the plaintiff’s sole remedy.

¶2Judgment affirmed.

Blair, C. J., and Moore, McAlvay, and Brooke, JJ., concurred.
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