Summary
This Michigan Supreme Court case resolves a dispute over an 1874 instrument executed by Benjamin Ensley, determining whether it operated as a present deed or a testamentary devise. The court concluded that the recorded instrument effectively conveyed a life estate to one son with the fee simple passing to his heirs, thereby validating the defendants' title. The trial court's dismissal of the plaintiffs' quiet title action was affirmed.
Topics
Practice areas
Questions Presented
- Whether the 1874 instrument is a deed or a devise.
- Whether the defendants are estopped from asserting title to the fee simple.
- Whether the plaintiffs are entitled to ejectment and quiet title.
Holdings
- The instrument is to be treated as a deed; its recording creates a presumption of delivery and it operates as a deed.
- The doctrine of equitable estoppel does not apply; the defendants are not estopped and retain title in fee.
Key quotations
“It is not necessary for me in the determination of this case, I do not think, to find specifically whether or not it should be designated and determined by this court to be either a deed or a devise.”
“These defendants are not estopped; and they have maintained at all time, in good faith, as admitted by the plaintiff on the stand, that they received notice from the elder of these defendants of their claim.”
Factual background
Benjamin Ensley conveyed land to his six children in 1874 by an instrument recorded as a deed, creating a life estate for his son William B. Ensley and a remainder to William's heirs. After Benjamin's death, his will referenced the deed. Subsequent disputes arose over whether the instrument was a deed or a devise and whether the heirs were estopped from asserting title.
Procedural history
The plaintiffs filed a bill of complaint to enjoin an ejectment action and quiet title. The circuit court dismissed the bill. The plaintiffs appealed to the Michigan Supreme Court.