Allen v. Carpenter
Michigan Supreme Court
Error to Lenawee County Circuit. This was an action of trespass quare clausum, for entering upon the premises of plaintiff and removing certain crops and committing certain other injuries. Defendant plead the general issue, and gave notice of special matter. The cauáe was tried by a jury, and a verdict rendered for defendant. The plaintiff removed the same by writ of error.
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Error to Lenawee County Circuit. This was an action of trespass quare clausum, for entering upon the premises of plaintiff and removing certain crops and committing certain other injuries. Defendant plead the general issue, and gave notice of special matter. The cauáe was tried by a jury, and a verdict rendered for defendant. The plaintiff removed the same by writ of error. The facts are stated in the opinion. 1. The Court below erred in ruling out the evidence of the proceedings before the Circuit Court Commissioner, Hogaboam. The appearance of the defendant, and pleading and going to trial…
1Opinion of the Court
Cooley J.
The facts in this case are briefly the following:
One Clark being the owner of a mortgage given by Henry Prior on a farm owned by the latter, took proceedings for its foreclosure under the power of sale, and *31caused the premises to be struck off to himself for the amount of the mortgage and costs.' The time for redemption under the foreclosure expired March 22, 1863. Clark does not appear to have had any communication with Prior in regard to the foreclosure, either before or after the sale, and Prior testifies that he was not aware of the proceedings until the last of June or first of…
2Cases cited12 opinions
- Champ v. CommonwealthCourt of Appeals of Kentucky · 1859
- Chandler v. NashMichigan Supreme Court · 1858
- Livingston v. . TannerNew York Court of Appeals · 1856
- Livingston v. TannerNew York Supreme Court · 1852
- Bryan v. SmithMichigan Supreme Court · 1862
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3Cited by28 opinions
- In Re Estate of FraserMichigan Supreme Court · 1939
- Warner v. NobleMichigan Supreme Court · 1938
- Gage v. SanbornMichigan Supreme Court · 1895
- United States v. Alan Louis HunyadyCourt of Appeals for the Sixth Circuit · 2005
- People of Michigan v. Lonnie James ArnoldMichigan Supreme Court · 2018
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