Bennett v. Horr
Michigan Supreme Court
Error to Saginaw. Ejectment by Horr against Bennett for part of a tract granted by the United States to James Biley, in 1819, but not traced from Mm to either party, The case involves the same title that was disputed in Gamble v. Horr JO Mich. 561, where the substantial facts were that Horr, being the assignee of a mortgage given by Gamble upon the premises in suit, foreclosed it and became their owner when the period of redemption expired, and then sought to eject the heirs…
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Error to Saginaw. Ejectment by Horr against Bennett for part of a tract granted by the United States to James Biley, in 1819, but not traced from Mm to either party, The case involves the same title that was disputed in Gamble v. Horr JO Mich. 561, where the substantial facts were that Horr, being the assignee of a mortgage given by Gamble upon the premises in suit, foreclosed it and became their owner when the period of redemption expired, and then sought to eject the heirs of the mortgager who remained in possession. They defended on the ground that they had previously suffered judgment in…
1Opinion of the CourtGraves, J.
The present writ of error brings in controversy the same title we examined in Gamble v. Horr 40 Mich. 561, and the only difference suggested is that the tax-title which played a part in that record is not now in question, and that the present case shows, what the other did not contain, that the premises are part of a larger territory wMch was reserved to James Biley by the treaty at Sagi*223naw in 1819, and which territory the government in that year granted to him. Hence the single point is presented, whether the appearance of - this isolated fact that James Hiley became grantee from the Hnited…
2Cases cited10 opinions
- Jackson ex dem. Klock v. HudsonNew York Supreme Court · 1808
- Masterson v. CheekIllinois Supreme Court · 1859
- Holbrook v. DeboIllinois Supreme Court · 1881
- Doe ex dem. Marston v. ButlerNew York Supreme Court · 1829
- McDonald v. SchneiderSupreme Court of Missouri · 1858
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3Cited by7 opinions
- East v. PedenIndiana Supreme Court · 1886
- Henderson v. WanamakerCourt of Appeals for the Eighth Circuit · 1897
- Packard v. KingmanMichigan Supreme Court · 1896
- Morse v. Auditor GeneralMichigan Supreme Court · 1906
- Van Den Brooks v. CorreonMichigan Supreme Court · 1882
2 more not listed; retrieve them via the Exa API.