This section is from the book "The Law Of Land Contracts", by Asher L. Cornelius. Also available from Amazon: Michigan Law Of Land Contracts.
10. Your orator further represents that the mill pond, so-called, which covers a large portion of the land described in praagraph one, and together with the mill race covers all of the second description of land contained in paragraph one of this bill, has very well defined banks and has always been known and used as the mill pond furnishing the water for the operation of said mill; that various deeds of conveyance in the regular chain of title describes the water power appurtenant to said mill. and the volume of water which may be contained in said mill pond as a sufficient head of water to operate said mill with four run of stone. That the second description of land in paragraph one of this bill is according to a survey of said mill pond around these well defined banks, which have been the boundaries of said mill pond for fifty years and upwards.
11. Your orator further represents that on or about, to-wit, May 15, 1876, as appears by the records in the office of the register of deeds of Shiawassee County, one Charles H. Lemon and wife, executed a mortgage to one Matthias L. Stewart in the sum of $1,400.00, said mortgage being upon, to-wit, the 26th day of May, 1876, recorded in the office of the register of deeds of Shiawassee County, in volume 5 of mortgages, upon page 487. That said mortgage was a junior mortgage subject to a previously recorded mortgage given by Charles H. Lemon and wife to Allen Sheldon, bearing date May 13, 1876, and recorded in the office of the register of deeds of Shiawassee County upon May 17, 1876, in volume 5 of mortgages, upon page 473. That said last mentioned mortgage was upon the 12th day of December, 1881, foreclosed, and a Circuit Court Commissioner's deed given unto the said Allen Sheldon, which was recorded in the office of the register of deeds of Shiawassee County, upon the 24th day of December, 1881, that thereby the mortgage above referred to running to the said Matthias L. Stewart was cut off and the said Allen Sheldon took a perfect title to the real estate described in paragraph one of this bill, relieved from the 7ien of said Stewart mortgage. That likewise said mortgage is outlawed and the statute of limitations has run against it for the reason that no payment has been made upon said mortgage in the past fifteen years, and that no recognition of said mortgage has been had or given to it by any person or persons interested, and likewise the said mortgage has been fully paid and satisfied, and should for the foregoing reasons be discharged from record.
Your orator further represents that upon, to-wit, the 28th day of April, 1849, a mortgage was executed by E. L. Buckingham and others, to Hiram W. Hovey, and said mortgage was recorded, upon, to-wit, the 5th day of June, 1849, in Liber B of Mortgages, upon page 343, said mortgage being in the sum of $300, and covering the portion of land described in paragraph one of this bill. That likewise a certain mortgage was executed by Edward L. Burlingame to Dennis and Kelsey upon, to-wit, the 20th day of January, 1849, and recorded in Liber B of Mortgages, upon page 397, said mortgage being for the sum of $353.00, and covering a portion of the premises described in paragraph one of this bill. That said mortgages have both been fully paid and satisfied and the statute of limitations has run against them and both should be declared by the decree of this court to be paid and satisfied and discharged.
12. Your orator further represents that T. J. Provost, Sydney S. Derby, Calvin Smith, Flavius J. Lake, Sydney Cushing, Frank B. Daniels, Johnathan E. Herrick, Samuel W. Dexter, Matthias L. Stewart, Hiram W. Hovey, Bowman W. Dennis, Sullivan R. Kelsey, Dennis & Kelsey, Herman Meier and Carrie Meier, his wife, Ernest Kelsey and Mary Kelsey, Emma Spangenberger, William Miles, Frank Alden and Ada Alden, Perry Had-sell, Township of Burns, Shiawassee County, Michigan; Fred S. Ruggles and Effle Ruggles, George Downing and Emma Downing, William Betterly and Cora Betterly, Frank E. Tower and Mamie Tower, John N. Ripley and Vinnie Ripley, Edgar Caulkins and Kiva Caulkins, Robert Coats, Elsie McGee, Lucy Kirkendol, Henry Faul, Charles Fritz and Henrietta Fritz, and William Harper and Bertha Harper and Frances Campbell, persons claiming to be interested in the premises described in paragraph one of this bill of complaint, a portion of whose names appear in the office of the register of deeds in Shiawassee County, Michigan, as having at various times previous to this date claimed certain rights, title or interest or estate in the subject matter of this suit, or in certain portions thereof, and claiming liens or charges thereof without having conveyed or released the same; that said persons under the provisions or legal effect of various instruments of record, claim or might be entitled to claim certain benefits thereunder. Your orator further represents it is not known whether T. J. Provost, Sydney S. Derby, Calvin Smith, Fla-vius J. Lake, Sydney Cushing, Frank B. Daniels, Johnathan E. Herrick, Samuel W. Dexter, Matthias L. Stewart, Hiram W. Hovey, Bowman W. Dennis, Sullivan R. Kelsey, Dennis & Kelsey, are living or dead, or where they may reside if living or whether their titles, interest, claims, liens or possible rights have been by them assigned to any person or persons, or if dead whether they have personal representatives or heirs living, or where they or any of them may reside, or whether any of their titles, interest, claims, liens or possible rights have been disposed of by will, and therefore such parties are hereby designated by their respective names, and their unknown heirs, devisees, legatees and assigns, as provided for in section 20 of chapter 12 of Act No. 314 of the Public Acts of 1915, of the State of Michigan.
13. Your orator further represents that there are various uncertainties and ambiguities in various conveyances of the premises described in paragraph one of this bill, and various conveyances so executed as to make their validity uncertain, and that there is a class of persons who by reason of said uncertainties, provisions, limitations and restrictions might be entitled in certain contingencies to make claim thereunder. That such class of persons in whose favor such provisions, limitations, restrictions, stipulations, charges, agreements or understandings, might be enforced are unascertained, or not being, and such persons are hereby made parties defendant to this suit, and are designated as all persons claiming under any provision, limitation, restric tion, stipulation, charges, agreements or uncertainty in connection with the title to the premises, described in paragraph one of this bill, as authorized by section 21 of chapter 12 of Act No. 314 of the Public Acts of 1915, of the State of Michigan.
 
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