Legal Opinion

Whitwell & Hoover v. Emory

Michigan Supreme Court

Decided January 15, 1853PublishedCited by 13 opinions

Case reserved from Calhoun Circuit. This was an action of ejectment tried at the Calhoun Circuit, June Term, 1851, to recover certain premises in said county.

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Case reserved from Calhoun Circuit. This was an action of ejectment tried at the Calhoun Circuit, June Term, 1851, to recover certain premises in said county. The plaintiffs in support of their claim to the premises produced in evidence on the trial: 1st, three exemplifications of patents granting the lands', in question to Eeuben A.bbott; 2d, the record of a warranty deed from said Abbott and his wife to Samuel W. Abbott, dated Feb. 25, 1841, recorded April 28,1842; 3d, the record of a deed from said Samuel W. Abbott and his wife to Martha Matthews; and 4th, the record of a deed from Martha…

1Opinion of the Court

By the Court,

Martin, J.

We cannot perceive the force of the' objection to the admission of the record'.of the deed from Samuel W. Abbott, and Martha, his wife, to Martha Matthews, that the surname of one of the subscribing witnesses was apparently a fae simile of the original, and could not be read without explanatory evidence. Nor can we conceive what explanatory evidence could be offered to decipher this writing. The case informs us that the record of the surname of one of the witnesses was so written as not to be intelligible, and was apparently a fao simile of the original upon the deed.…

2Cases cited1 opinion

  1. Brush v. RobbinsU.S. Circuit Court for the District of Michigan · 1844

3Cited by13 opinions

  1. Tiedman v. TiedmanMichigan Supreme Court · 1977
  2. Arrington v. McDanielTexas Supreme Court · 1930
  3. Emery v. WhitwellMichigan Supreme Court · 1859
  4. Partch v. BairdMichigan Supreme Court · 1924
  5. Barney v. Tontine Surety Co.Michigan Supreme Court · 1902

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