Vhay v. Gies

Plaintiff brought an action of assumpsit to recover certain rents for use and occupation. He had judgment. Defendant assigns error on the ground that she was entitled to a directed verdict.

It appears that defendant took charge of certain real estate which belonged to the deceased under a claim of right given by two deeds and a will. The deeds were set aside (Vhay v. Gies,218 Mich. 394). Later the will was set aside (In re Vhay'sEstate, 225 Mich. 107). This suit was brought to recover for the rents which she collected while in possession of the property under the deeds and will.

The point is…