Where a vendee, after the forfeiture of a land contract, encumbers the record with a quit-claim deed to third parties, a suit to quiet the title will lie.26 Also quieting the title is the appropriate remedy to legally establish an easement consisting of the right to overflow a certain land for the purposes of a mill race.27 Where the plaintiff seeks equitable relief, the court having acquired jurisdiction, has the right to

24. Compiled Laws 1915, Section 12376.

25. Compiled Laws 1915, Section 12373.

26. Security Investment Co. v. Meister, 214 Mich. 337.

27. Moore v. Prevost, 205 Mich. 687.

enter a decree for the defendant quieting his title to the property upon his cross bill.28 The bill of complaint to quiet title may, at the same time, seek equitable injunctive relief to restrain actions at law, such as ejectment, pending the determination of the suit.29 Where the bill of complaint to quiet title to lands, alleged adverse possession without also alleging that such possession was exclusive, it was held that the bill was sufficient.30

A bill to quiet title was sufficient for relief where it alleged the execution of certain deeds conveying premises to plaintiff upon conditions that he pay certain sum of money to each defendant and that defendants had refused to accept the money, and that they asserted the mental incompetency of the grantor, and threatened to litigate with the plaintiff.81

In a suit to quiet title, a decree of the circuit court establishing the validity of a certain tax, a deed based thereon could not be attacked collaterally, because of a change in the description, of the premises authorized by a certain statute.32

A grantee, agreeing to care for the mother of the grantor in a deed, was not entitled until he had completed his contract, to assert his rights by the commencement of a suit to quiet his title against creditors that had levied execution on the legal title of the debtor.33

Where plaintiff, who had been ousted by defendant, brought suit to quiet title, it was held that he should have been required to pursue his remedy at law, as possession is a necessary element in such a suit.34

A defendant cannot, in his cross bill, question the validity of the deed to plaintiff on the ground that plaintiff had secured the deed by fraud, as the right to complain of any fraud is nonassignable.35

28. Farr v. Childs, 204 Mich. 20.

29. Grand Trunk v. Fuller, 205 Mich. 486.

30. Corby v. Thompson, 196 Mich. 706.

31. Guntzviller v. Gitre, 195 Mich. 695.

32. Heethuis v. Kerr, 194 Mich. 689.

33. Schmidt v. Steinbach, 193 Mich. 640.

34. Longcar v. Turner, 191 Mich. 240.

35. Cochran Timber Co. v. Fisher, 190 Mich. 478.

The burden of proof is on the plaintiff to show a valid title, and service of a proper notice, and where notice was served on the heirs of a deceased, as to one the day after filing of the bill, and as to the other only a few days before commencement of suit, so that the return of service was not filed until after suit was begun, was not sufficient to confer jurisdiction to quiet title.36

Courts of equity may pass upon or locate boundary lines as an incident of issues properly within chancery jurisdiction, but they have no inherent and independent jurisdiction to determine the true location of disputed boundaries raised in a suit to quiet title.37

A court of equity has jurisdiction to enjoin repeated trespasses upon lands, yet it is not authorized to try defendant's right to possession of real property of which he claims actual possession and title, evidenced by acts of control and occupancy, and the title to the land should be determined at law.38

Defendants in a suit to quiet title were in not position to object to the jurisdiction of the court of chancery when they had filed a cross bill asking for affirmative relief and the annulment of a deed to plaintiff as fraudulent.39

As against parties in possession of real property under a claim of title, a bill to quiet title will not lie; the remedy is at law.40

A bill was filed to quiet title to a strip of land which defendant claimed title to by adverse possession, relying on an old fence which had fallen into decay, the fence not having been continuously maintained on a large part of the strip of land in dispute, it was held that defendant did not acquire title by adverse possession.41

Where a bill to quiet title was filed, to remove a cloud consisting of a tax deed, alleging that defendant did not serve the required statutory notice to redeem on the proper parties, it was dismissed as the parties had a remedy at law.42

36. Bretz v. Hitchcock, 188 Mich. 492.

37. Weissert v. Fuller, 188 Mich. 327.

38. Beach v. Rice, 186 Mich. 95.

39. Hummill v. Smale, 186 Mich. 199.

40. Lachelt v. Mclnerney, 185 Mich. 413.

41. Conner v. Detroit Terminal R. R. Co., 183 Mich. 241.

42. Holmes v. Soule, 180 Mich. 527.

Although plaintiffs in their bill to quiet title to land prayed to have a conveyance cancelled as a cloud on their title, on the ground of fraud and duress, and of mental incompetency on the part of the grantor deceased, it was held that the case presented one for equitable cognizance.43

A bill in equity to quiet title, which does not aver that plaintiffs are in possession or the defendants are not in possession, is demurrable, for if the defendants are in possession, they are entitled to a jury trial.44

Where defendants filed a petition following a decree based on substituted service, presenting at the same time their answer to the bill which sought to quiet title to land asking that the decree be "set aside, altered or amended, as to the court may seem just," it was held that the circuit court erred in denying the petition on the ground that it did not ask in direct terms to have the default set aside and that defendants did not present a sworn answer.45

In a bill to quiet title by a widow which showed that she had executed during her husband's lifetime her sole quit-claim deed of property held by her and her husband as an estate by the entireties, to secure a loan, the court held that the wife conveyed no interest in the premises, nor did title inure to the benefit of the grantee by reason of the husband's death and the title thereafter acquired by the wife.46

On appeal by plaintiffs from an adverse decree in a suit to quiet title, the Supreme Court will not pass on the constitutionality of a statute and dismiss the bill at plaintiff's request, if the point was not presented or passed upon by the trial court.47

Where equity has jurisdiction of a bill to quiet title to lands purchased by plaintiff at a judicial sale that was void and defendants offered to pay to plaintiff the consideration paid by him, equity will retain jurisdiction and remove the cloud in

43. Lecus v. Turns. 180 Mich. 117.

44. Berger v. Roe, 179 Mich. 184.

45. McDowell v. Mecosta Circuit Judge, 178 Mich. 103.

46. Ernest v. Ernest, 178 Mich. 100.

47. Walker v. Schultz, 175 Mich. 280.

defendant's title, setting aside the purchaser's deed and decreeing a lien on the property for the amount paid.48

Where plaintiff notified defendant of her election to termination of the contracts for default, plaintiff was entitled to maintain a suit to quiet title, although she had subsequently contracted to convey to other purchasers and defendant, after notice of forfeiture, tendered a check for the purchase price which she refused.49

A bill to quiet title to land held by plaintiffs intestate under a land contract, which he averred had been fully paid up, the defendants claiming no interest therein, also charging adverse possession for upwards of twenty-five years could not be sustained on demurrer, as a suit to quiet title; averment of some claim or hostile interest being essential.50

In a suit to quiet title by the owner of land as against a purchaser for taxes, the plaintiff will be required to do equity by refunding, as a condition to relief, the validly assessed taxes for years which defendant has purchased.51

One must have either a legal or an equitable title if he is to be allowed relief upon a bill to quiet title, though an equitable title is sufficient.52

Although not in possession a bill to quiet title may be filed by an heir to set aside a deed in trust which is void as prohibited by the statute against perpetuities.53

A bill to quiet title will not lie to remove a cloud caused by an irregular levying of an execution on land, the remedy being an application to the court wherein the judgment was rendered.54

A bill will lie to remove a levy upon a homestead,55 and such a bill may be maintained by the wife of the debtor,56 the wife

48. Hunt v. Stevens, 174 Mich. 501.

49. Donnelly v. Lyons, 173 Mich. 515.

50. Rodgers v. Beckel, 172 Mich. 544.

51. Morrison v. Semer, 164 Mich 208.

52. Harton v. Helmholtz, 149 Mich. 227.

53. Casgrain v. Hammond, 134 Mich. 419.

54. Rhode v. Hassler, 113 Mich. 56.

55. Hitchcock v. Misner, 111 Mich. 80.

56. Burkhardt v. Walker & Son, 132 Mich. 93.

having the same right to protect the homestead as the husband.57