In cases where the title to real estate is clouded by long standing mortgages which have either been paid or more than 15 years have elapsed since the last payment was made on the debt se cured by the mortgage, and no suit or proceeding has been commenced to foreclosure such mortgage, the statute 24 affords a

15. Walter v. Hartwig, 106 Ind. 123; 6 N. E. 5.

16. Brooks v. Kearns, 86 111. 547

17. Merchants Bank v. Evans, 51 Mo. 335.

18. Dickerson v. Dickerson (Mo.), 110 S. W. 760.

19. Pendhill v. Union Min. Co., 64 Mich. 172.

20. Woodworth v. Garton, 46 Mich. 324.

21. Frost v. Leatherman, 55 Mich. 33; Thomas v. Cain, 35 Mich. 155; Scofield v. Lansing, 17 Mich. 437.

22. Gordon v. Twp. of Burleigh, 153 Mich. 493; Krenze v. Soloman, 126 Mich. 290.

23. Edsell v. Nevins, 80 Mich. 146.

24. There are two statutes authorizing proceedings of this character. Sec. 12715 Compiled Laws 1915, which it is believed supersedes

Sec. 11746 Compiled Laws. Both sections are identical. Sec. 12715 reads as follows:

"When a recorded mortgage on lands or property has been paid and satisfied, or when fifteen years have elapsed since the debt secured by such mortgage became due and payable, or since the last payment made thereon, and no suit or proceedings have been commenced to collect the same, the owner of such land or property may present a petition to the Circuit Court for the county in which such land or property so encumbered is wholly or in part situated, duly verified by the oath of the petitioner, or by some one in his behalf, which shall state the names of the mortgagor and mortgagee, the date of the mortgage, and the liber and page of the record thereof, the facts in regard to payment of the debt thereby secured, or the non-commencement of such suit or proceeding within said fifteen years, and further that the present residence or whereabouts of the mortgagee (or his assignee, if the mortgage shall have been assigned), is unknown to the petitioner and that the petitioner has been unable to ascertain the same after diligent search and inquiry; or, if such be the fact, that the mortgagee or assignee is deceased, and that three months have elapsed since his death, and that the names and residence of the legal representative, if any there are, of the mortgagee or assignee, are unknown to the petitioner, and the he was unable to ascertain the same after diligent search and inquiry; or when such mortgagee is a trustee merely and without interest therein, that he does not reside in the State of Michigan or is dead; ' and such petition shall conclude with a prayer that an order of the court may be made discharging said mortgage and declaring it fully paid and satisfied. Upon the presentation of such petition, said court may proceed to hear and determine the truth of the matters therein stated, and if it shall be made satisfactorily to appear to the court, either by the production in evidence of the original mortgage or of the bond or bonds or promissory notes, to secure the payment of which such mortgage was given, or by any other competent evidence, that the debt secured by such mortgage has been fully paid, both principal and interest thereof; or if it shall be made to appear to the court by competent evidence that said mortgaged debt has been past due for 15 years, or that 15 years have elapsed since the last payment was made on such debt, and that no suit or proceeding has been commenced to foreclose such mortgage, the court shall make a certificate to that effect setting forth therein the names of the witnesses and the nature of the evidence by which such facts have been made to appear, and a minute thereof shall be entered in the journal of said court, and such certificate signed by the judge of said court and attested by the clerk thereof under the seal of said court, shall be delivered to the said petitioner and may be recorded in the office of the register of deeds for the county or counties in which such mortgage shall be of record, in like manner and with like effect in all respects as if it were a formal discharge of said mortgage duly executed by the mortgagee.

convenient and inexpensive method of discharging such liens of record. In such cases the owner of the land may file a petition to the Circuit Court of the judicial district where the mortgage is registered, setting up such facts under oath. The essentials of the petition are:

(a) It must be made by the owner of such land.

(b) It must be verified by such owner or some one in his behalf.

(c) It shall state the names of the mortgagor and mortgagee, date of the mortgage, liber and page of the record thereof where recorded, the facts in regard to the payment of the debt secured or the non-commencement of such suit or proceeding within fifteen years.

(d) That the present residence or whereabouts of the mortgagee or his assigns, if the mortgage shall have been assigned, is unknown to the petitioner and that the petitioner has been unable to ascertain same after diligent search and inquiry, or if such be the fact, that the mortgagee or assignee is deoeased, and that three months have elapsed since his death, and that the names and residences of the legal representatives, if any there are, of the mortgagee or assignee, are unknown to the petitioner, and that he has been unable to ascertain same after diligent search and inquiry.

(e) Such petition shall conclude with a prayer that an order of the court may be made discharging such mortgage, and declaring it fully paid and satisfied.

Upon the presentation of such petition, the court may proceed to hear and determine the truth of the matters therein stated without any notice or any process of any kind.

Evidence Required to Discharge the Mortgage. If the petitioner is able to produce in evidence the original mortgage or bond, or promissory notes to secure the payment of which the mortgage was given, he should do so, or any other competent evidence that payment has been made will be received by the court. If the petitioner is unable to show that the mortgage has been paid, it will be sufficient to establish that said mortgage debt has been due for 15 years or that 15 years have elapsed snice the last payment was made on such debt, and that no suit or proceeding has been made to foreclose such mortgage.

Upon the reception of such evidence, the court shall make a certificate to that effect setting forth therein that names of the witnesses and the nature of the evidence by which such facts have been made to appear, and a minute thereof shall be entered in the journal of said court, and such certificate signed by the judge of said court and attested by the clerk thereof, under the seal of such court, shall be delivered to said petitioner and may be recorded in the office of the register of deeds for the county or counties in which such mortgage shall be of record with like effect in all respects, as if it were a formal discharge of said mortgage duly executed by the mortgagee.