UNIFORM PARTNERSHIP ACT
Act 72 of 1917
449.10 Real property of partnership; conveyance of title.
Sec. 10.
(Conveyance of real property of the partnership).
(1) Where title to real property is in the partnership name, any partner may convey a title to such property by a conveyance executed in the partnership name; but the partnership may recover such property unless the partner's act binds the partnership under the provisions of paragraph 1 of section 9, or unless such property has been conveyed by the grantee or a person claiming through such grantee to a holder for value without knowledge that the partner, in making the conveyance, has exceeded his authority;
(2) Where title to real property is in the name of the partnership, a conveyance executed by a partner, in his own name, passes the equitable interest of the partnership, provided the act is one within the authority of the partner under the provisions of paragraph 1 of section 9;
(3) Where title to real property is in the name of 1 or more but not all the partners, and the record does not disclose the right of the partnership, the partners in whose name the title stands may convey title to such property, but the partnership may recover such property if the partners' act does not bind the partnership under the provisions of paragraph 1 of section 9, unless the purchaser or his assignee, is a holder for value, without knowledge;
(4) Where the title to real property is in the name of 1 or more or all the partners, or in a third person in trust for the partnership, a conveyance executed by a partner in the partnership name, or in his own name, passes the equitable interest of the partnership, provided the act is one within the authority of the partner under the provisions of paragraph 1 of section 9;
(5) Where the title to real property is in the names of all the partners a conveyance executed by all the partners passes all their rights in such property.
History: 1917, Act 72, Eff. Aug. 10, 1917 ;-- CL 1929, 9850 ;-- CL 1948, 449.10
Notes of Decisions
Kay Inv. Co., LLC v. Brody Realty No. 1, LLC, 731 N.W.2d 777 (Mich. Ct. App. 2007).
· cites it 4× “" MCL 449.10(1). Further, "[w]here the title to real property is in the name of 1 or more or all the partners, or in a third person in trust for the partnership, a conveyance executed by a partner in the partnership name, or in his own name, passes the equitable interest of the…”
Backowski v. Solecki, 316 N.W.2d 434 (Mich. Ct. App. 1982).
· cites it 2× “It states in part: "(1) Where title to real property is in the partnership name, any partner may convey a title to such property *407 by a conveyance executed in the partnership name; * * MCL 449.10; MSA 20.10. It is undisputed that the title to the property involved herein was…”
McCormick v. McCormick, 70 N.W.2d 706 (Mich. 1955).
“CL 1948, § 449.10 (Stat Ann § 20.10). The legal principles applicable in a case of this character were considered by the Court at some length in Johnson v.”
Friendship Jackson LLC v. Friendship Forest Pk Ltd Div Hous. (Mich. Ct. App. 2020).
· cites it 2× “10(2), which provides: Where title to real property is in the name of the partnership, a conveyance executed by a partner, in his own name, passes the equitable interest of the partnership, provided the act is one within the authority of the partner under [MCL 449.”
— Mich. Comp. Laws § 449.10(1) — 2 cases
Kay Inv. Co., LLC v. Brody Realty No. 1, LLC, 731 N.W.2d 777 (Mich. Ct. App. 2007).
“" MCL 449.10(1). Further, "[w]here the title to real property is in the name of 1 or more or all the partners, or in a third person in trust for the partnership, a conveyance executed by a partner in the partnership name, or in his own name, passes the equitable interest of the…”
Backowski v. Solecki, 316 N.W.2d 434 (Mich. Ct. App. 1982).
“It states in part: "(1) Where title to real property is in the partnership name, any partner may convey a title to such property *407 by a conveyance executed in the partnership name; * * MCL 449.10; MSA 20.10. It is undisputed that the title to the property involved herein was…”
— Mich. Comp. Laws § 449.10(2) — 1 case
Friendship Jackson LLC v. Friendship Forest Pk Ltd Div Hous. (Mich. Ct. App. 2020).
“10(2), which provides: Where title to real property is in the name of the partnership, a conveyance executed by a partner, in his own name, passes the equitable interest of the partnership, provided the act is one within the authority of the partner under [MCL 449.”
— Mich. Comp. Laws § 449.10(4) — 1 case
Kay Inv. Co., LLC v. Brody Realty No. 1, LLC, 731 N.W.2d 777 (Mich. Ct. App. 2007).
“" MCL 449.10(1). Further, "[w]here the title to real property is in the name of 1 or more or all the partners, or in a third person in trust for the partnership, a conveyance executed by a partner in the partnership name, or in his own name, passes the equitable interest of the…”
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