An action to quiet title is the appropriate remedy to remove clouds on the title to real estate, to set aside and cancel deeds or other instruments of record which encumber or cloud the title; in short to eliminate the usual and ordinary defects which occur in the record title to real estate.1

1. Security Investment Co. v. Meister, 214 Mich. 337; Mopre v. Prevost, 205 Mich. 687; Farr v. Childs, 204 Mich. 20; Grand Trunk v. Fuller, 205 Mich. 486; Nesbitt v

Miller, 159 Mich. 337; King v. Carpenter, 159 Mich. 337; Casgrain v. Hammond, 134 Mich. 419; Day v. Davey, 132 Mich. 173.

The following principles in relation to this remedy are well settled:

(a) The action may now be brought by the plaintiff holding either legal or equitable title to lands whether in possession or not, against any other person not in possession. Under a former statute the action could not be maintained by one out of possession of the real estate, but the statute now in force authorizes the action by such person.2

(b) The plaintiff must, if he prevails, do so on the strength of his own title, and if he has none, he is not in a position to attack that set up by another, even though he be in possession.3

(c) Where the plaintiff claims a legal record title, and does not allege any fraud, accident, mistake, or other grounds of general equity jurisdiction, nor point out any impediment to their defense, in an action of ejectment which is already pending, a bill to quiet title will not lie, because the underlying reason which permits the action to quiet title to be filed against adverse claimants out of possession, is that they cannot be brought into court by the action of ejectment.4

(d) A bill to quiet title will be entertained on behalf of the legal owner when he is not in a position to force the adverse claimant into a court of law to test its validity, but when

2. "The powers and jurisdiction of the circuit courts and circuit judges in chancery in and for their respective counties, shall be co-extensive with the powers and jurisdiction of the courts and judges in chancery in England as existing on March first, eighteen hundred forty-seven, with the exceptions, additions, and limitations created and imposed by the constitution and laws of this state. Said Circuit Court in chancery shall also have jurisdiction and authority. • * •

To hear and determine suits instituted by any person claiming the legal or equitable title to lands, whether in possession or not, against any other person not in possession, setting up a claim thereto in opposition to the title claimed by the plaintiff; and if the plaintiff shall establish his title to such lands, the defendant shall be decreed to release to the plaintiff all claims thereto."

Section 12302, 3 Comp. Laws 1915.

3. Wilhelm v. Herron, 211 Mich. 339; Vincent v. Evans, 165 Mich. 695; Malliatt v. Vogel, 125 Mich. 291;Horton v. Helmholtz, 149 Mich. 227, Malliat v. Vogel, 125 Mich. 291.

4. Carpenter v. Dennison, 208 441; Moody v. McComber, 158 Mich. 209; Berger v. Roe, 179 Mich. 184; Chandler v. Graham, 123 Mich. 327 each party claims the legal title, and a court of law is already possessed of the case, and it is not alleged that either fraud, accident, or mistake has intervened to prevent the possessor establishing his title at law, equity will not interfere.5

(e) If the plaintiff claims by virtue of tax deed, he must show the validity of the proceedings on which the deed is based, including the mailing of all notices required by law in connection therewith, and the burden of proof is on him to show that every statutory step has been taken which the law requires, as the tax deed is not of itself prima facie evidence of title.6

(f) Where the bill of complaint shows that the defendant is in possession, equity will have no jurisdiction, the remedy being at law.7

(g) It does not matter how the plaintiff acquired title, whether by adverse possession or otherwise, if he holds either the legal or equitable title to the property, that is sufficient, nor does it matter whether the plaintiff took possession of said property under a color of title. If he has occupied the same for the full statutory period that will be sufficient.8