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Hearing.

Certificate

to be entered
on journal
of court.

Recorded by
register
of deeds.

since the debt secured by such mortgage became due and payable, or since the last payment made thereon, and no suit or proceedings have been commenced to collect the same, the owner of such land or property may present a petition to the circuit court for the county in which such land or property so incumbered is wholly or in part situated, duly veri fied by the oath of the petitioner, or by some one in his be half, which shall state the names of the mortgagor and mortgagee, the date of the mortgage, and the liber and page of the record thereof, the facts in regard to payment of the debt thereby secured, or the non-commencement of such suit or proceeding within said fifteen years; and further, that the present residence or whereabouts of the mortgagee (or his assignee, if the mortgage shall have been assigned), is unknown to the petitioner, and that the petitioner has been unable to ascertain the same after diligent search and inquiry; or, if such be the fact, that the mortgagee or assignee is deceased, and that three months have elapsed since his death, and that the names and residence of the legal representatives, if any there are, of the mortgagee or assignee, are unknown to the petitioner, and that he has been unable to ascertain the same after diligent search and inquiry; or when such mortgagee is a trustee merely and without interest therein, that he does not reside in the State of Michigan or is dead; and such petition shall conclude with a prayer that an order of the court may be made discharging said mortgage and declaring it fully paid and satisfied. Upon the presentation of such petition, said court may proceed to hear and determine the truth of the matters therein stated, and if it shall be made satisfactorily to appear to the court, either by the production in evidence of the original mortgage or of the bond, or bonds or promissory notes, to secure the pay ment of which such mortgage was given, or by any other competent evidence, that the debt secured by such mortgage has been fully paid, both principal and interest thereof; or if it shall be made to appear to the court by competent evidence that said mortgaged debt has been past due for fifteen years, or that fifteen years have elapsed since the last payment was made on such debt, and that no suit or proceeding has been commenced to foreclose such mortgage, the court shall make a certificate to that effect setting forth therein the names of the witnesses and the nature of the evidence by which such facts have been made to appear, and a minute thereof shall be entered in the journal of said court, and such certificate signed by the judge of said court and attested by the clerk thereof under the seal of said court, shall be delivered to the said petitioner and may be recorded in the office of the register of deeds for the county or counties in which such mortgage shall be of record, in like manner and with like effect in all respects as if it were a formal discharge of said mortgage duly executed by the mortgagee.

Sales of Lands Devised Without Power of Sale.

under

of court.

SEC. 62. Whenever any person shall be seized or possessed May be sold of any lands, tenements or hereditaments conveyed by deed or direction devised by will to such person for life, with or without power of appointment by will or sale, or of any lands tenements, or hereditaments devised to such person in trust, without power of sale, the circuit court in chancery for the county where such property is situated, may on the petition of such person having a life estate, order that such land, tenements and hereditaments, or any part thereof be sold under the direction of the court, whenever by a proper showing by witnesses produced before the court it shall satisfactorily appear that the rights of the interested parties will otherwise be jeopardized.

good and

SEC. 63. Every conveyance made by the person so seized Conveyance pursuant to such order of said court shall be as good and effectual effectual in law, and shall convey the same title, as if the in law. same were made by such person being seized of the title in fee to such lands, tenements and hereditaments.

be filed.

SEC. 64. For the purpose of obtaining such order of sale Petition to the person so seized of such lands, tenements or hereditaments shall file his petition in the circuit court in chancery for the county where such property is situated, setting out the facts, Contents. under oath and the names, residences and interests of all persons who are or may be interested in said property so far as the same is known to the petitioner, and praying that the lands, tenements and hereditaments therein described may be sold, and that the proceeds thereof may be invested under the order of the court, and thereafter treated as real property and subject to the same disposition as would have been made of said property had the same not been sold.

SEC. 65. Said court shall thereupon enter an order requir- Order of ing all persons interested in said property to appear before appearance. said court, at a time to be therein named, and show cause if any exist why the prayer of said petition shall not be granted, which order shall be returnable not less than six weeks nor more than twelve weeks from the date thereof, and a copy of such order shall be personally served upon all persons interested in said land if found in the State of Michigan at least ten days before the return day thereof, and shall be published once in each week for three successive weeks preceding the return day thereof in a newspaper printed and circulated in the county where such property is situated, and in the county in which the petitioner resides, and in such other place or places as the court may direct: Provided, That when such Proviso, application shall be made by any trustee, a copy of such by trustee. notice shall also be personally served upon the cestui que trust, at least ten days before the return day thereof.

SEC. 66. Upon the return day of such order any person Proofs and interested may appear and show cause against the grant- hearing. ing of the prayer of the petition, and proofs may be taken and a hearing had in such manner as the court may direct,

Order of court.

Sales, when confirmed, to be effectual.

Bond.

Proceeds to stand in lieu of property.

No sale contrary to provisions of deed or will.

How dower may be barred.

Petition

to court.

What to state.

and if it shall satisfactorily appear to the court that the interests of the persons owning or interested in such property will be substantially promoted by the sale of the same on account of the said property being exposed to waste or dilapidation, or on account of its being unproductive, or for any other peculiar reasons or circumstances, then, in such case, it shall thereupon order that such property be sold under its direction, and that the proceeds stand in lieu thereof.

SEC. 67. All sales made in pursuance of such order shall be reported to the court, and when confirmed the petitioner shall execute a conveyance of the property, which shall be as good and effectual in law, and shall convey the same title as if the person making the same were seized of the title in fee to such lands, tenements and hereditaments.

SEC. 68. Upon the making of an order of sale as aforesaid the petitioner, or other person or persons appointed trustee or trustees by the court to receive the proceeds of said sale, shall give such bond, in such penalty and with such sureties. and in such form as the court shall direct, which bond shall run to the clerk of the court for the use and benefit of any person who may be or become interested in such lands, tenements or hereditaments, or their proceeds, conditioned for the investing of and accounting for the proceeds of such lands, tenements and hereditaments, and for the observance of all orders of the court in relation thereto.

SEC. 69. Upon the confirmation of such sale, the proceeds thereof shall thereafter stand in lieu of said property, and the court shall make such order as to the investment thereof as may be necessary. And from time to time thereafter such further orders may be made upon the application of any person interested as the circumstances may require.

SEC. 70. No sale or conveyance of any kind shall be made of any property contrary to any specific provisions in regard thereto contained in the deed of conveyance, or in the will under which the petitioner holds the said property.

Of Barring the Right of Dower of Insane, Imbecile or Idiotic
Married Women.

SEC. 71. Whenever the wife of any person shall have be come insane, imbecile, or idiotic, or for any cause shall be unable from defective intellect to join her husband in the conveyance of real estate, and shall have remained in that condition for more than two years, or when it shall be made to appear to the court that such married woman is incurably insane, she may be barred of her right of dower in the lands of her husband, in manner following.

SEC. 72. The husband, or any person interested in any such real estate, may apply to the circuit court in chancery of the county where such lands, or any part of such lands are situated, by petition under oath, for the appointment of a guardian and for leave to sell her inchoate right of dower; which petition shall state:

1. The name, age, and residence of such married woman, and the name, residence and age of her husband, as near as can be ascertained;

2. The nature of the disability of said married woman and the length of time it has existed;

3. A full description of the lands and premises in this State to be affected by such proceedings;

4. The value of each piece of real estate, and the amount of incumbrance upon it (if any), not affected by, or prior to her claim of dower;

5. If the real estate is to be sold by the husband, or has been sold by him, the exact amount of the consideration of such sale as made or agreed upon;

6. The reasons why such sale is desirable to said husband or petitioner.

SEC. 73. Upon the filing of such petition, the said circuit Order of hearing and court in chancery shall enter an order that the petition be notice. heard on a certain day, and notice of the hearing be given by publication or otherwise, in such manner and to such persons as said court shall direct.

of wife.

SEC. 74. At such hearing the said wife may appear in per- Appearance son, or by counsel, or by guardian ad litem appointed as in other cases by said court, and may answer such petition in the time and manner said court may direct; and upon the filing Answer. of an answer the case shall be deemed at issue. When the case

is at issue, or if the said wife shall fail to appear, the court Proceedings. may proceed summarily upon oral or written evidence taken under its order, to hear and determine the case; or, at its discretion, may refer it to a circuit court commissioner, or a special commissioner appointed by the court for the purpose to take proofs and report the same to the court with his opinion:

1. As to the insanity or imbecility of the wife;

As to the propriety or necessity of selling said real estate, or of barring her right of dower therein;

3. The cash value at that time of her dower interest in said premises, taking into consideration the respective ages of said husband and wife. Upon the coming in of said report Order. the court shall consider the same, and enter such order as shall be just and equitable. If said court shall decide that the wife is insane, and that it is desirable that the right of dower should be barred, it shall fix the then present value of such dower, and thereafter shall appoint a guardian of such insane Guardian. person, who shall be some person other than her husband, who shall give bond in a sum to be fixed by the court, with Bond. surety or sureties, to be approved by the court, conditioned to receive and invest any moneys that may come into his hands for her sole use and benefit, under the order and direction of the court, both as to its investment and to the disposition of the income thereof.

SEC. 75. Upon the approval of such bond said guardian Sale of may proceed and sell at private sale, as such guardian, the interest by

guardian.

interest of such married woman in said land, at a sum not less than the value of said dower as fixed by said court. He may join with the husband in such conveyance, or if the hus band has previously sold and conveyed said property, may, Guardian's by separate conveyance, deed said right of dower to the husdower right. band's grantee or grantees, his or their heirs and assigns, but to no other person. Said conveyance shall in all cases be as effective to bar the right of dower of said married woman as if she had, being in sound mind, joined her husband in a deed of said premises.

conveyance of

Application of income

of money.

When court may award

of dower.

SEC. 76. Said guardian shall apply the income of said money to the support of said married woman, or allow the same to accumulate, as the court shall direct; and upon the restoration of said married woman to a sound mind shall, upon the order of the court, transfer to her all the funds in his hands, and upon her death, shall deliver the same to her husband, if he shall be living at her death; if not living, then to her personal representatives.

Of Award of Money in Lieu of Dower in Lands Aliened by
Husband in His Lifetime.

SEC. 77. In any suit hereafter to be commenced by any money in lieu Widow for the recovery of dower in lands, which were aliened by her husband in his lifetime, and where dower cannot be assigned therein by metes and bounds without injustice or manifest injury to the widow, or to the owner or owners, or person or persons in possession thereof, or some one of them, the court having cognizance of the matter may award and adjudge a sum of money in lieu of dower to be paid to the widow, or may assign to her as tenant in common, a just proportion of the rents, issues and profits of said lands, regard being had in all cases to the true value of the lands at the time of such alienation by the husband, and of the probable duration of the life of the doweress, at the time such sum of money shall be adjudged, or such rents, issues and profits shall be assigned to her.

Probate of foreign will.

Proof by copy.

Of the Probate of Foreign Wills in Certain Cases.

SEC. 78. Whenever it shall become necessary to make probate in this State of the last will of any deceased person, which was executed in a foreign country, by the laws of which no probate of wills, after the death of the maker, is required or provided for, or, being executed in a foreign country, by the laws of which probate of wills, after the death of the maker, is required or provided for, but the testator, at the time of his death, is not domiciled in such foreign country, if the original will cannot be produced in this State for probate, the same may be proved and allowed in this State, by a full and complete copy thereof in the circuit court in chancery in and for any county, in which the maker of such will left any property, at his or her decease, affected by such will.

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