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167 Mich. 7

Hansen v. Hall

Michigan Supreme Court

Decided September 29, 1911

Michigan Supreme Court · decided 1911-09-29

Bill by Olaf Hansen against Stephen C. Hall, Alfred B. Stryker, Arthur A. Juttner, and Fred S. Nor cross to quiet title to lands. From a decree for defendants, complainant appeals. Complainant is the holder of a tax title upon certain lands described in the bill of complaint and seeks a decree quieting title to the lands in himself.

Relies on Negaunee Iron Co. v. Iron Cliffs Co. · Dolph v. Norton · White v. Shaw

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1911-09-29

How this case has been cited

Cited by 7 later decisions — most recently December 1939

7 state decisions

40191119201930decided

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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Brooke, J.

¶1(after stating the facts). The only point involved is this: Must the holder of a tax title serve the statutory tax notice upon the record owners of the title to the minerals reserved ?

¶2We have held that the ownership of undiscovered minerals constitutes an estate in the land. Negaunee Iron Co. v. Iron Cliffs Co., 134 Mich. 264 (96 N. W. 468).

¶3It is contended by complainant that the words “grantee or grantees under the last recorded deed in the regular chain of title ” cannot be so construed as to compel service upon the grantors in the quitclaim deed containing the reservation.

¶4We think the position untenable. As to the estate reserved, the grantors in that deed remain grantees under the recorded conveyance to them until they convey, and as such are entitled to the statutory notice.

¶5Until this notice is duly served upon each part owner and the statutory proof thereof is made and filed, the right to redemption remains to all. White v. Shaw, 150 Mich. 270 (114 N. W. 210); Dolph v. Norton, 158 Mich. 417 (123 N. W. 13).

¶6The judgment is affirmed.

Ostrander, O. J., and Bird, Blair, and Stone, JJ., concurred.
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