Lull v. Davis
Michigan Supreme Court
Error to Oakland Circuit Court. Davis brought an action of trespass on the case in the circuit court, against Lull and others, for flowing land. The declaration alleged Davis was lawfully seized in fee and possessed of the premises flowed. Plea, general issue, with notice of a prescriptive right in defendants to flow the land1 in question.
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Error to Oakland Circuit Court. Davis brought an action of trespass on the case in the circuit court, against Lull and others, for flowing land. The declaration alleged Davis was lawfully seized in fee and possessed of the premises flowed. Plea, general issue, with notice of a prescriptive right in defendants to flow the land1 in question. From the ■ bill of exceptions accompanying the record, it appeared plaintiff, after giving evidence of the flowing, read in evidence two deeds, one from Gideon 0. Whittemore to plaintiff, dated April 13,1834, and the othei; from Luther Jones to plaintiff,…
1Opinion of the Court
By the court,
Wing, J.
The objection to plaintiff’s recovery assumes that the allegation contained in his declaration, that he is seized in fee and possessed, is a connected, entire statement, descriptive of a matter which is the foundation of the action; that it is so connected that no part of it can be. stricken out or regarded as impertinent or irrelevant; and therefore, as the entire statement is traversed by the defendant’s, plea; the plaintiff must prove it as made.
Dhe charge of the judge must be regarded as assuming,, either that the averment was divisible, and that the first portion of…
2Cases cited4 opinions
- Ricard v. WilliamsSupreme Court of the United States · 1822
- Day v. AlversonNew York Supreme Court · 1832
- People ex rel. Gault v. Van NostrandNew York Supreme Court · 1832
- Weed & Weed v. Saratoga & Schenectady RailroadNew York Supreme Court · 1838
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- Hoyt v. GarlockMichigan Supreme Court · 1906
- Bennett v. HorrMichigan Supreme Court · 1881