Legal Opinion

Beebe v. Lyle

Michigan Supreme Court

Decided November 28, 1888PublishedCited by 6 opinions

Error to Saginaw. (Gage, J.) Ejectment. Plaintiff brings error. The facts are stated in the opinion. 1. The legal title was in the State at time of the husband’s death, hut he held an equitable right which could have been enforced, and which the State would have respected, and without which the defendant could not have obtained a patent, which right was derived through assignments from the holders of the State certificate, under which the holder is entitled to possession,…

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Error to Saginaw. (Gage, J.) Ejectment. Plaintiff brings error. The facts are stated in the opinion. 1. The legal title was in the State at time of the husband’s death, hut he held an equitable right which could have been enforced, and which the State would have respected, and without which the defendant could not have obtained a patent, which right was derived through assignments from the holders of the State certificate, under which the holder is entitled to possession, and may maintain trespass or ejectment, or any other proper action to recover possession, and such certificate may be…

1Opinion of the CourtLong, J.

This is an action of ejectment for dower interest in 10 acres of land in Saginaw county. Suit was commenced July 18, 1887. Plea, general issue. The cause was tried in the Saginaw circuit court before a jury, and the court directed the verdict for defendant. Plaintiff brings error.

It appeared upon the trial that the plaintiff is the widow of Chauncey Beebe, deceased, to whom she was married in 1866. Chauncey Beebe died in 1868. In his life-time the parties planted and gathered crops off the land in controversy, and after his death the widow rented it, and had the avails, until it was sold by…

2Cases cited5 opinions

  1. Allen v. CadwellMichigan Supreme Court · 1884
  2. Proctor v. BigelowMichigan Supreme Court · 1878
  3. Pratt v. TefftMichigan Supreme Court · 1866
  4. May v. TillmanMichigan Supreme Court · 1849
  5. Romain v. LewisMichigan Supreme Court · 1878

3Cited by6 opinions

  1. Beall v. McMenemyNebraska Supreme Court · 1901
  2. Sperry v. SwigerWest Virginia Supreme Court · 1903
  3. McNeil v. McNeilUtah Supreme Court · 1922
  4. Stephens v. LeonardMichigan Supreme Court · 1899
  5. Cummings v. SchreurMichigan Supreme Court · 1926

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