People v. Plumsted
Michigan Supreme Court
' Case reserved from Wayne Circuit. About tbe 10tR May, 1850, tlie Husband of one Anna GoooH, owned and occupied a dwelling House, on a farm in Plymouth, Wayne county, on wHicH He and His wife Had resided from tHe time of tHeir marriage in 1847, to tHe day above named; on wHicH day, GoocH sold and conveyed the farm to Plumsted, one of defendants, but the wife did not join in the conveyance, or in any way release her right in the premises, or consent to the conveyance.
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' Case reserved from Wayne Circuit. About tbe 10tR May, 1850, tlie Husband of one Anna GoooH, owned and occupied a dwelling House, on a farm in Plymouth, Wayne county, on wHicH He and His wife Had resided from tHe time of tHeir marriage in 1847, to tHe day above named; on wHicH day, GoocH sold and conveyed the farm to Plumsted, one of defendants, but the wife did not join in the conveyance, or in any way release her right in the premises, or consent to the conveyance. After the sale, Gooch continued to occupy the dwelling on the farm with his family, until July following, paying the rent of…
1Opinion of the Court
By the Court, Copeland, J.
Was Anna Gooch in the legal possession of the premises described in the indictment, at the time she was expelled therefrom, by the de*467fendants ? An answer to this inquiry will he decisive of the case. If decided affirmatively, the defendants, under the finding of the jury, are guilty. If negatively, they must be acquitted; for there is no pretense I believe, that they made use of more force than was necessary, to remove Mis. Gooch from the house.
The special verdict finds that Anna Gooch was a married woman, the wife of one Benjamin Gooch. At common law, therefore,…
2Cases cited4 opinions
- United States v. FisherSupreme Court of the United States · 1805
- Waller v. HarrisNew York Supreme Court · 1838
- Barker v. EstySupreme Court of Vermont · 1847
- Hutchen v. NibloIndiana Supreme Court · 1836
3Cited by9 opinions
- Coleman v. GurwinMichigan Supreme Court · 1993
- People v. StevensMichigan Supreme Court · 1999
- Beecher v. BaldyMichigan Supreme Court · 1859
- Riggs v. SterlingMichigan Supreme Court · 1886
- Boman v. Wolverine Power Co.Michigan Supreme Court · 1934
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