Legal Opinion

Campbell v. Campbell

Michigan Supreme Court

Decided October 11, 1870PublishedCited by 10 opinions

Appeal in Oban eery from Lenawee Circuit. Tbe complainant filed bis bill in tbe Circuit Court for tbe county of Lenawee in Chancery, for a partition of a farm of which bis father died seized, having tbe equitable but not tbe legal title, leaving a widow and eight children.

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Appeal in Oban eery from Lenawee Circuit. Tbe complainant filed bis bill in tbe Circuit Court for tbe county of Lenawee in Chancery, for a partition of a farm of which bis father died seized, having tbe equitable but not tbe legal title, leaving a widow and eight children. By tbe subsequent death of one of tbe heirs — John—-the complainant claims one-eigbtb of John’s interest — one sixty-fourth of tbe whole; and. by purchase of an undivided half of three of his sisters, — the other undivided half having been sold to James, one of the defendants, he claims thirteen and a half sixty-fourths,…

1Opinion of the CourtChristiancy, J.

This was a bill praying (among other things) for the partition of a certain farm in the township of Franklin, in the County of Lenawee, described as being eighty acres off the north side of the southwest quarter of section seven, in township five south, of range three east; complainant claiming to be equitably entitled to twenty-two and a half sixty-fourths in fee, subject however to the dower of his mother, Agnes Campbell, in the farm, which had not yet been assigned.

The derivation and state of the title was this: John Brears, then the owner of the land, sold, and undertook to convey it to…

2Cases cited1 opinion

  1. Mosely v. MarshallNew York Supreme Court · 1858

3Cited by10 opinions

  1. Michigan, Central Railroad v. ColemanMichigan Supreme Court · 1874
  2. Hileman v. HilemanIndiana Supreme Court · 1882
  3. Hiscock v. NortonMichigan Supreme Court · 1879
  4. Whiteley v. Central Trust Co. of New YorkCourt of Appeals for the Sixth Circuit · 1896
  5. Bowen v. BroganMichigan Supreme Court · 1899

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