Smith v. Lawrence
Michigan Supreme Court
Error to Ottawa Circuit. The action was upon a ' promissory note given for standing timber bought by defendant of plaintiff. In defense it was claimed that plaintiff was not the owner of the land on which the timber stood; and to establish this, defendant offered in evidence a deed from Morris Ketcham to Horatio J. Lawrence, of the same lands.
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Error to Ottawa Circuit. The action was upon a ' promissory note given for standing timber bought by defendant of plaintiff. In defense it was claimed that plaintiff was not the owner of the land on which the timber stood; and to establish this, defendant offered in evidence a deed from Morris Ketcham to Horatio J. Lawrence, of the same lands. This was objected to by the plaintiff, but the Circuit Judge overruled the objection, upon the ground, that, at that stage of the. trial and evidence, the Court would not direct the order of the evidence introduced by the defendant; and the deed might…
1Opinion of the Court
Campbell J.:
Plaintiff sued defendant upon a note, the consideration for which arose out of a sale of standing timber. Defendant endeavored to show that the consideration had failed because plaintiff had no title to the land upon which it grew. He introduced for this purpose a deed from Morris Ketchum to one Horatio J. Lawrence, but there - was no other evidence of title in either of them, except a volume found in the county register’s office purporting to contain township plats, with names written upon the various government subdivisions. The name of Ketchum was upon the plat on the tract in…
2Cited by8 opinions
- Territory of Washington v. KleeWashington Supreme Court · 1890
- Farmers' & Mechanics' Bank v. BronsonMichigan Supreme Court · 1866
- Peay v. Salt Lake CityUtah Supreme Court · 1895
- Crawford v. CoreyMichigan Supreme Court · 1894
- Dubois v. HolmesSupreme Court of Florida · 1884
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