Opinion
Docket No. 20, Calendar No. 44,634.
Decided April 11, 1950.
Appeal from Muskegon; Sanford (Joseph F.), J. Submitted January 4, 1950. (Docket No. 20, Calendar No. 44,634.) Decided April 11, 1950.
Bill by Classie Coates against Henry Coates and others to foreclose a lien given in divorce decree. Decree for defendants. Plaintiff appeals. Reversed and remanded.
Harold H. Smedley, for plaintiff.
R. Burr Cochran, for defendants Meeks.
Plaintiff filed her bill of complaint to foreclose a lien under a decree of divorce which had been obtained by her against her husband Henry Coates. The decree in the property settlement awarded to her husband certain real estate and gave her a lien against the real estate. From a decree dismissing her bill of complaint in the instant case, plaintiff appeals.
On May 3, 1948, plaintiff Classie Coates obtained the decree of divorce above mentioned from defendant Henry Coates. On the same date a certified copy of the decree, without the decree having been previously enrolled by the clerk, was recorded in the office of the register of deeds of Muskegon county in liber 103, miscellaneous, page 465, and not elsewhere.
The divorce decree under paragraphs 2 and 3 provided:
"2d. That the title and the right to possession of the premises situate in the township of Muskegon, county of Muskegon and State of Michigan, described as follows:
"The north 198 feet of the south 1/4 of the east 1/2 of the northeast 1/4 of the northeast 1/4 of section 6 town 10 north, range 16 west, "be and the same is hereby awarded to the said defendant, Henry Coates.
"3d. That the said plaintiff is hereby awarded the sum of $600 * * * to bear interest at the rate of 6 per cent. per annum, from the said 30th day of April, 1948, until fully paid; and the said plaintiff, Classie Coates, is hereby decreed to have a lien on the premises described as follows:
"The north 198 feet of the south 1/4 of the east 1/2 of the northeast 1/4 of the northeast 1/4 of section 6 of town 10 north, range 16 west, "to secure the payment of said sum of $600 as above provided, and in default of payment by the defendant, Henry Coates, of any of the instalments to be paid by him as herein provided, at the time provided, the entire balance, then remaining unpaid, both principal and interest, shall thereupon forthwith become due and payable, and the said plaintiff may immediately foreclose her said lien."
On June 24, 1948, Henry Coates gave defendants Thomas and Lucille Meeks a warranty deed of a substantial and apparently the more valuable portion of the property, awarded to him under paragraph 2 above, on which Classie Coates claims a lien under paragraph 3 above. Defendants Meeks purchased said property without actual knowledge of plaintiff's lien and without obtaining an abstract and without
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Defendants Meeks further claim that the description of lands (in paragraph 3 of the divorce decree) on which plaintiff Classie Coates claims a lien, is insufficient, the State and county not being recited in that portion of the decree setting forth what lands the lien is to be attached to. In the preceding paragraph, paragraph 2, the same description appears, with a statement of the township, county and State preceding. The description in paragraph 3 of the decree sets forth the town and range. A reference to the United States survey of Michigan and also to the organization of townships and counties in Michigan would show the lands mentioned in paragraph 3 of the decree to be in the township of Muskegon and county of Muskegon. When a Michigan court is making a decree concerning the title to lands, it can be assumed that the description is within the State of Michigan, unless the contrary shall affirmatively appear.
"A deed of a parcel of land described by the subdivision and number of the section, and the number of the township and range, although not specifying the county or State, is not void for uncertainty." Russell v. Sweezey (syllabus), 22 Mich. 235.
The Russell Case is quoted with approval in Slater v. Breese, 36 Mich. 77.
The decree appealed from is reversed. A decree will be entered in this Court recognizing the validity of the lien of plaintiff against the premises mentioned in paragraph 3 of the decree, the same as though the said lands were in said paragraph 3 expressly recited as being in the township of Muskegon, county of Muskegon and State of Michigan, for the sum of $540, for which sum plus interest at 6 per cent. from date of divorce decree and costs of foreclosure, the plaintiff is entitled to have foreclosure. The case is remanded to the trial court to proceed with the matter of foreclosure in accordance with this opinion. Costs to plaintiff.
BOYLES, C.J., and NORTH, DETHMERS, BUTZEL, CARR, BUSHNELL, and SHARPE, JJ., concurred.