Ward v. Nestell
Michigan Supreme Court
Error to Clinton ;• Daboll, J. Ejectment by Alfred B. Ward, administrator of the estate of Clarissa A. Nestell, deceased, against Jane Nestell and others. From a judgment for plaintiff on verdict directed by the court, defendants bring error. Clarissa A. Nestell purchased the land in controversy November 1, 1866, and her deed was placed upon record the same day.
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Error to Clinton ;• Daboll, J. Ejectment by Alfred B. Ward, administrator of the estate of Clarissa A. Nestell, deceased, against Jane Nestell and others. From a judgment for plaintiff on verdict directed by the court, defendants bring error. Clarissa A. Nestell purchased the land in controversy November 1, 1866, and her deed was placed upon record the same day. She also had a tax deed for the taxes, of 1865, dated June 14, 1871, and recorded June 24, 1871. The land consisted of 20 acres, and was used and occupied by her husband as a part of the farm, he owning the title to the rest of the…
1Opinion of the CourtGrant, J.
{dissenting; after stating the facts). The ruling of the court was correct. The law does not permit a husband to acquire a tax title adverse to the title of his wife. This tax title inured to her benefit just as conclusively as though he had taken the title in her name. It could not be made the basis of an adverse possession during her life. Laton v. Balcom, 64 N. H. 92; Willard v. *187Ames, 130 Ind. 351; Burns v. Byrne, 45 Iowa, 285. “It simply inures to the protection, not to the destruction, of the regular title.” Horton v. Ingersoll, 13 Mich. 413; Richards v. Richards, 75 Mich. 408. The tax…
2Cases cited12 opinions
- Burns v. ByrneSupreme Court of Iowa · 1876
- Cook v. ClintonMichigan Supreme Court · 1887
- Campau v. LaffertyMichigan Supreme Court · 1883
- Bower v. EarlMichigan Supreme Court · 1869
- Campau v. DuboisMichigan Supreme Court · 1878
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3Cited by12 opinions
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- Taylor v. S. S. Kresge Co.Michigan Supreme Court · 1950
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- Herrin v. HenrySupreme Court of Arkansas · 1905
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