Rhode v. Hassler

Execution — Irregular Sale — Remedy. A purchaser of land against which a certificate of levy has been filed may obtain relief against an irregular sale of the interest of the judgment debtor by application to the court wherein the judgment was rendered, but a bill will not lie to set aside the levy and sale as a cloud upon his title.

Appeal from Wayne; Lillibridge, J. Bill by George Rhode against Frank H. Hassler to remove a cloud from title. From a decree dismissing the bill, complainant appeals. In October, 1891, one Mary J. Hopper owned a tract of land situated in the township of Grosse Point, Wayne county, consisting of about 27 acres, and conveyed the same to four parties, of whom one Samuel Lyons was one. They soon after recorded a plat of a portion of this land, laid out in lots. The interest of Lyons was levied upon, and certificate of levy filed April 1, 1892, he at that time owning an undivided three-eighths. On May 10, 1892, complainant took a quitclaim deed of all the lots in said plat, except one. The consideration paid to Mrs. Hopper was $6,500. $2,500 was paid in cash, and the balance of the purchase price secured by a mortgage of $4,000. January 23, 1893, the interest of Lyons in the land was sold to the defendant, Hassler, for $185, and a deed was executed January 23, 1894. On August 26, 1896, complainant filed this bill to set aside this levy and sale, and thereby remove a cloud from his title, upon the ground that Lyons’ interest was sold in the entire subdivision, and not in lots as they were platted, in violation of - section 6116, 2 How. Stat.