Campau v. Campau
Michigan Supreme Court
Appeal in Chancery from Wayne Circuit. This was an appeal by Daniel J. Campau, one of the heirs of Joseph Campau late of Detroit deceased, from a decree of partition rendered in the Circuit Court for the County of Wayne, in a cause wherein the children, heirs of James J. Campau, (who was a son of said Joseph deceased), were complainants, and all the other heirs of said Joseph, including the appellant, were defendants.
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Appeal in Chancery from Wayne Circuit. This was an appeal by Daniel J. Campau, one of the heirs of Joseph Campau late of Detroit deceased, from a decree of partition rendered in the Circuit Court for the County of Wayne, in a cause wherein the children, heirs of James J. Campau, (who was a son of said Joseph deceased), were complainants, and all the other heirs of said Joseph, including the appellant, were defendants. Omitting all unnecessary details and collateral matters which do not affect the principles involved, it is sufficient to say that the bill, (which was filed July 186?), alleges…
1Opinion of the Court
Christiancy J.
The first ground on which the appellant seelts a reversal of the decree of partition is that presented by his demurrer, that it does not appear that the estate of Joseph Campau has been settled or delivered over by the Probate Court to the heirs. And it is urged that, until this is done, the administrators having the right to the possession of the real estate by the statute, the heirs can have no right to maintain a bill for partition.
The settlement of the estate and delivery of the property to the heirs by order of the Probate Court, would undoubtedly constitute necessary…
2Cases cited7 opinions
- Streeter v. PatonMichigan Supreme Court · 1859
- Masterson v. Girard's HeirsSupreme Court of Alabama · 1846
- Challefoux v. DucharmeWisconsin Supreme Court · 1856
- Marvin v. SchillingMichigan Supreme Court · 1864
- Smith v. BensonSupreme Court of Vermont · 1837
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Toms v. WilliamsMichigan Supreme Court · 1879
- Betts v. WardSupreme Court of Alabama · 1916
- Ball v. TompkinsU.S. Circuit Court for the District of Western Michigan · 1890
- Jones v. BillsteinWisconsin Supreme Court · 1871
- Calhoun v. CracknellMichigan Supreme Court · 1918
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