Baker v. Goodman

<p>1. Adverse Possession — Facts Held not to Snow That Defendant Obtained and Retained Land by Fraud. In ejectment, plaintiff’s contention that defendant, claiming by adverse possession under a tax deed, had obtained and retained possession of the land by fraud, held not sustained by the record.</p> <p>2. Mortgages — Rule of Possession and Improvement by Mortgagee not Applicable, Where He Claims by Adverse Possession Under Tax Deed. The administrator’s contention that mere possession and improvement by the defendant mortgagee,. who took possession before breach of condition and with permission, cannot constitute adverse possession until after maturity or breach of condition, does not apply where defendant relies solely on adverse possession, founded on a county tax deed.</p> <p>3. Adverse Possession — Defective Tax Deed Gives Color of Title. A tax deed, even though defective, is sufficient to give color of title.1</p> <p>4. Limitation of Actions — Appointment and Discharge of Administrator Insufficient to Set Statute in Motion. Where an administrator was appointed, and discharged without filing an inventory or taking any steps to protect the interests of the heirs, as the statutes require, the administration is a nullity, and is insufficient to set the statute of limitations in motion against those interested in the estate in favor of one holding land adversely.</p> <p>5. Limitation of Actions — Title not Obtained as Against Heirs Under Disability. A record disclosing that defendant purchased tax deed from the county and immediately entered into possession, and has paid taxes each year since for the required time and made valuable improvements, holding openly and notoriously, held to establish title by adverse possession against all parties except those under disability, not attaining their majority at a date more than two years prior to the com-meneement of the action, in view of Comp. Laws 1917, § 6463; defendant being entitled to have title quieted, except as to heirs under disability.</p> <p>On Rehearing.</p> <p>6. Executors and Administrators — Claim and Expense of ADMINISTRATION PAYABLE OUT OF ESTATE RECOVERED AS BELONGING to Minor Heirs. In an administrator’s ejectment action, where title was quieted in defendant, holding by adverse possession under tax deed as against all heirs except those under legal disability, whose shares passed to the administrator, held, that a claim against the estate, as well as the necessary expenses of administration, should be paid out of the estate.</p> <p>7. Ejectment — Defendant Chargeable With Reasonable Rental Value, not Income Received. In an administrator's ejectment action, where title was quieted in defendant, except as to the shares of certain minor heirs, the defendant is chargeable on such shares with the reasonable rental value during such possession, and not the income actually received.</p>