Legal Opinion

Harrington v. Fish

Michigan Supreme Court

Decided July 21, 1862PublishedCited by 5 opinions

Error to St. Clair Circuit, where the defendants in error recovered judgment in ejectment against plaintiff in error. The following is a copy of the hill of exceptions on which the case was argued in this Court: “This cause being, on the 2d day of May, 1860, brought on for trial, the plaintiff offered in evidence a deed made by Setb Spencer and his wife to David B. Day and others, in which the premises, amongst others, were described as follows: ‘All of the equal, undivided…

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Error to St. Clair Circuit, where the defendants in error recovered judgment in ejectment against plaintiff in error. The following is a copy of the hill of exceptions on which the case was argued in this Court: “This cause being, on the 2d day of May, 1860, brought on for trial, the plaintiff offered in evidence a deed made by Setb Spencer and his wife to David B. Day and others, in which the premises, amongst others, were described as follows: ‘All of the equal, undivided eight-ninth parts of the following pieces, parcels and sections of lands, situate lying - and being in the State of…

1Opinion of the Court

Martin Ch. J.:

This is an action of ejectment brought by the defendants in error, upon the trial of which the deeds through which they deduce title were introduced under the statute, and without actual proof of their execution. The statute (Gomp. L. §2*750) is as follows: “All conveyances and other instruments authorized by law to be recorded, and which shall be acknowledged or proved as. provided in this chapter, * * * may be read in evidence in any court within this State without further proof thereof; but the effect of such evidence may be rebutted by other competent testimony.”

Three deeds…

2Cited by5 opinions

  1. Flynn v. HolmanSupreme Court of Iowa · 1903
  2. Wells v. AtkinsonSupreme Court of Minnesota · 1877
  3. Morse v. HewettMichigan Supreme Court · 1874
  4. Clarke v. Omaha & Southwestern RailroadNebraska Supreme Court · 1876
  5. Morton v. SmithU.S. Circuit Court for the District of Nebraska · 1873

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