Legal Opinion

Kuite v. Lage

Michigan Supreme Court

Decided May 12, 1908No. Docket No. 30PublishedCited by 5 opinions

Error to Ottawa; Padgham, J. Ejectment by Jacob Kuite against Gerhard Lage. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

1Opinion of the CourtBlair, J.

As stated in the brief for appellant:

“ The only question involved in this appeal is, whether the vendor of land, by an executory land contract which gives the vendee the right to immediate possession, but who still holds' the legal record title, can bring ejectment against a stranger, who has taken possession of a strip of the land so sold, and ousted plaintiff’s vendees therefrom.”

*639The trial judge was of the opinion that the ejectment statute compelled a negative answer to this question and directed a verdict for defendant. We concur in this opinion. Section 10949, 3 Comp. Laws, provides:

“No…

2Cases cited9 opinions

  1. Gazzolo v. ChambersIllinois Supreme Court · 1874
  2. Lannay v. WilsonCourt of Appeals of Maryland · 1869
  3. Stephens v. MotlTexas Supreme Court · 1891
  4. Olin v. HendersonMichigan Supreme Court · 1899
  5. Michigan Land & Iron Co. v. ThoneyMichigan Supreme Court · 1891

4 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. In Re CAPUZZI ESTATEMichigan Supreme Court · 2004
  2. In Re the Estate of RolaterCourt of Civil Appeals of Oklahoma · 1975
  3. Great American Ins. Co. v. KeswaterSupreme Court of Oklahoma · 1928
  4. Bowerman v. Newaygo Circuit JudgeMichigan Supreme Court · 1958
  5. In Re CAPUZZI ESTATEMichigan Supreme Court · 2004

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