Section 600.2932 - Quieting title; interest of plaintiff; action by mortgagee; establishment of title; tenancy in common; actions.
REVISED JUDICATURE ACT OF 1961 (EXCERPT)
Act 236 of 1961
600.2932 Quieting title; interest of plaintiff; action by mortgagee; establishment of title; tenancy in common; actions.
Sec. 2932.
(1) Any person, whether he is in possession of the land in question or not, who claims any right in, title to, equitable title to, interest in, or right to possession of land, may bring an action in the circuit courts against any other person who claims or might claim any interest inconsistent with the interest claimed by the plaintiff, whether the defendant is in possession of the land or not.
(2) No action may be maintained under subsection (1) by a mortgagee, his assigns, or representatives for recovery of the mortgaged premises, until the title to the mortgaged premises has become absolute, or by a person for the recovery of possession of premises, which were sold on land contracted, to whom relief is available under subdivision (1) of section 5634.
(3) If the plaintiff established his title to the lands, the defendant shall be ordered to release to the plaintiff all claims thereto. In an appropriate case the court may issue a writ of possession or restitution to the sheriff or other proper officer of any county in this state in which the premises recovered are situated.
(4) Any tenant or tenants in common who recovers any undivided interest in lands in an action under subsection (1) against a person or persons who may be in possession thereof, but who does not show in the trial of such action that he or they have any interest therein or title thereto, may take possession of the entire premises subject to all of the rights and interest of the other tenant or tenants in common therein.
(5) Actions under this section are equitable in nature.
History: 1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1964, Act 8, Eff. Aug. 28, 1964