Bruun v. Hansen

9 Citing cases

  1. Daniels v. Daniel

    106 N.W.2d 818 (Mich. 1961)   Cited 4 times

    In other words, the grantor represented that a tenancy by the entirety had been created. It was held that if living the grantor would have been estopped from denying the stated provisions of her conveyance, and that the administrator of her estate and her heirs would have no greater rights than she would possess if a party to the suit. The Court recognized the general rule that title to land may not rest on an estoppel, as stated in prior cases, including Bruun v. Hansen, 281 Mich. 362. It was pointed out that while an estoppel may not create title it may operate to prevent the vitiation of a title apparently created. In this connection it was said (p 267):

  2. Andre v. Fink

    447 N.W.2d 808 (Mich. Ct. App. 1989)   Cited 5 times

    The general rule in Michigan is that title to land may not be obtained by estoppel, absent fraud. Bruun v Hansen, 281 Mich. 362, 364; 275 N.W. 173 (1937); Schram v Safety Investment Co, 39 F. Supp. 517 (ED Mich, 1941). There is no evidence of fraud in this case.

  3. Schram v. Safety Inv. Co.

    39 F. Supp. 517 (E.D. Mich. 1941)   Cited 2 times

    This has never been done. There is no estoppel where title to land is concerned. Bruun v. Hansen, 281 Mich. 362, 275 N.W. 173. Nor is plaintiff guilty of laches. Stockwell et al. v. Curtis et al., supra.

  4. Tropic Bldrs. v. Naval Amm. Depot

    48 Haw. 306 (Haw. 1965)   Cited 26 times
    In Tropic Builders, Ltd. v. Naval Ammunition Depot Lualualei Quarters, Inc., 48 Haw. 306, 319 (1965), this court stated that "service of process, not actual knowledge of the commencement of the action,... confers jurisdiction" and that the "crux of the matter is not... knowledge of the action but whether it has been put to the defendant, in the proper way."

    Insofar as the validity of service turns on David Kim's having been an officer of the Delaware corporation at the time of service, the fact that he was not such officer at the time of service is a fatal defect. Bruun v. Hansen, 281 Mich. 362, 275 N.W. 173; Lushington v. Seattle Auto Driving Club, 60 Wn. 546, 111 P. 785; 9 Fletcher, Cyclopedia of the Law of Private Corporations, § 4423 (Perm. Ed. 1964 revision); 42 Am. Jur., Process, § 109; Annot., 113 A.L.R. 9, 159.

  5. Chilton's, Inc., v. Wilmington Co.

    112 N.W.2d 434 (Mich. 1961)   Cited 11 times
    Holding that a motion to dismiss for failure to state a claim for conspiracy to commit fraud was properly granted where plaintiff's complaint did not allege any affirmative, fraudulent act of the defendants

    In the cases cited by appellant and in other decisions of like nature this Court has repeatedly recognized that insofar as the matter of notice of tax sale and the right to reconveyance is concerned the statute is controlling. See, further, in this regard Bruun v. Hansen, 281 Mich. 362, 364, and the prior decision cited therein, Price v. Stark, 259 Mich. 407. As before noted, plaintiff charged in its bill of complaint that the defendants had entered into a fraudulent conspiracy to conceal from the plaintiff the notice of the tax sale and the status of the delinquent taxes.

  6. Bentley v. Cam

    362 Mich. 78 (Mich. 1960)   Cited 8 times

    This Court has adhered to the view that title to real estate may not, in the absence of fraud not shown here, rest on estoppel. Bruun v. Hansen, 281 Mich. 362; Nowlin Lumber Co. v. Wilson, 119 Mich. 406; Huyck v. Bailey, 100 Mich. 223; Wilson v. Muskegon, G.R. I.R. Co., 132 Mich. 469; McVannel v. Pure Oil Co., 262 Mich. 518. Decree reversed.

  7. Newhall v. Ace Steel F. Co.

    90 N.W.2d 459 (Mich. 1958)   Cited 2 times

    The old maxim used in the construction of statutes, expressio unius est exclusioalterius (the mention of one excludes others), would certainly lead one to the conclusion that if the legislature intended to provide for officers, agents, trustees, and directors in the same fashion as resident agents they could have easily mentioned it. This Court had a similar return of service of process before it in the case of Bruun v. Hansen, 281 Mich. 362, where the return indicated service upon T.E. Douglas Company, the owner, by then and there delivering to Marius Hanson, the secretary and treasurer of said T.E. Douglas Company, when, in fact, Marius Hanson was not the secretary or treasurer of the T.E. Douglas Company, and had not been such officer for approximately 3 weeks. The Court there said (p 365):

  8. Stone v. Culver

    282 N.W. 142 (Mich. 1938)   Cited 14 times
    In Stone v. Culver (1938), 286 Mich. 263, Justice BUTZEL wrote for a unanimous Court (pp 267, 268): "It is true that title may not be created by estoppel.

    It is true that title may not be created by estoppel. Bruun v. Hansen, 281 Mich. 362. But that is not this case. The estoppel does not create the title, but prevents the vitiation of a title already apparently created.

  9. Birch Forest Club v. Rose

    23 Mich. App. 492 (Mich. Ct. App. 1970)   Cited 8 times

    "This Court has adhered to the view that title to real estate may not, in the absence of fraud not shown here, rest on estoppel. Bruun v. Hansen (1937), 281 Mich. 362; Nowlin Lumber Co. v. Wilson (1899), 119 Mich. 406; Huyck v. Bailey (1894), 100 Mich. 223; Wilson v. Muskegon, G.R. I.R. Co. (1903), 132 Mich. 469; McVannel v. Pure Oil Co. (1933), 262 Mich. 518."