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STATE OF MICHIGAN
COURT OF APPEALS


WILLIAM J. HANSON, REBECCA HANSON, and THOMAS H. HANSON, Plaintiffs/Counter-DefendantsAppellees, v

UNPUBLISHED September 22, 2000

No. 214536 Presque Isle Circuit Court LC No. 94-001989-CH

HERBERT A. SUMMERS and LINDA L. SUMMERS, Defendants/Counter-Plaintiffs/ThirdParty Plaintiffs-Appellants, and WILLIAM A. WILSON and MARION L. WILSON, Defendants, and WILLIAM B. PETZ, WILLIAM NOONAN, and WILLIAM SCOTT, Third-Party Defendants.

Before: Fitzgerald, P.J., and Neff and Smolenski, JJ. PER CURIAM. This case involves a quiet title action regarding a small strip of land, to which both plaintiffs and defendants claim title by deed from a common grantor. The circuit court granted summary disposition

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to plaintiffs and quieted title to the property in their favor. In addition, the circuit court entered an involuntary dismissal of defendants' counterclaim for adverse possession of the property. Defendants appeal as of right from both decisions. We affirm. In this case, third-party defendant William Petz served as common grantor to both plaintiffs and defendants. Petz and his business partners acquired a fairly large parcel of undeveloped land in Presque Isle County. Shortly thereafter, Petz sold a forty-one acre parcel of that land to defendants, for use as hunting property. The legal description of the property which Petz deeded to defendants was: Commencing at the Northwest corner of Section 27, T34N, R5E, thence S'ly 1632.31 feet, thence E'ly 1100 feet, thence N'ly 1632.31 feet, thence W'ly 1100 feet to point of beginning. Being 41.22 acres more or less, EXCEPT the S'ly 66 feet x 1100 feet which is a road and/or utility right of way and EXCEPT all oil, mineral and gas rights. [Emphasis added.] The property retained by Petz, approximately 130 acres, was located mainly to the east of defendants' property. Petz subsequently conveyed that remaining property to plaintiffs. The legal description of the property which Petz deeded to plaintiffs was: The N

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Michigan Law