Lockwood v. Drake
Michigan Supreme Court
Case reserved from Oakland Circuit Comt. Ejectment for dower, • commenced on 29th May, 1844. On the trial, one Cooper testified defendant claimed to be the owner of the land at the time the suit was brought; that previous to October, 1843, witness was a tenant to defendant of a part of the land; that defendant’s brother had been in possession of the premises since May, 1843, and had controlled them, as his own; and that in the fall of 1843, defendant said he owned the…
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Case reserved from Oakland Circuit Comt. Ejectment for dower, • commenced on 29th May, 1844. On the trial, one Cooper testified defendant claimed to be the owner of the land at the time the suit was brought; that previous to October, 1843, witness was a tenant to defendant of a part of the land; that defendant’s brother had been in possession of the premises since May, 1843, and had controlled them, as his own; and that in the fall of 1843, defendant said he owned the -property. Several other witnesses testified, that at the time the suit was commenced, defendant claimed to own the property;…
1Opinion of the Court
By the Court,
Wing J.
The 4th sec. of chap. 2, title 3, part 3, of the Revised Statutes of-1838, expressly provides that the action shall be brought against the-actual occupant, if the premises for which the action is brought are ae7-tually occupied by any one; and in such case the 13th section requires service of a copy of the declaration to be made on such occupant. If not so occupied, the action must be brought against some person exercising acts of ownership on the premises claimed, or claiming title' thereto, or some interest therein, at the commencement of the suit.
The proof shows without…
2Cited by5 opinions
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- Schneider v. TeppertMichigan Supreme Court · 1940
- Farrand v. KavanaughMichigan Supreme Court · 1903
- Austin v. CrowellMichigan Supreme Court · 1916
- Smith v. ColeMichigan Supreme Court · 1911