Kline v. Moulton
Michigan Supreme Court
Error to Washtenaw Circuit. Ejectment by Storrs H. Moulton, administrator de bonis non of the estate of Freeman Moulton, deceased. The cause was tried by the Circuit Judge without a jury, and the following is his finding: “This was an action of ejectment, brought by the plaintiff to recover possession of the south half of the south-west quarter of sec. 28, T. 4 south, range 5 east, excepting ten acres on the west side sold to Michael McEnneay.
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Error to Washtenaw Circuit. Ejectment by Storrs H. Moulton, administrator de bonis non of the estate of Freeman Moulton, deceased. The cause was tried by the Circuit Judge without a jury, and the following is his finding: “This was an action of ejectment, brought by the plaintiff to recover possession of the south half of the south-west quarter of sec. 28, T. 4 south, range 5 east, excepting ten acres on the west side sold to Michael McEnneay. The lands were purchased of the United States by Freeman Moulton, of which he died seized and intestate, Sept. 3, 1854, leaving Sybil Moulton, his…
1Opinion of the Court
Manning J.:
The alleged errors may be reduced to two:
First, That the facts found by the Court show, that Albert G. Moulton administered on the possessory right he had in the land, as administrator, by a sale thereof to the plaintiff in error.
Second, That the defendant in ex'rox’, who is administrator de bonis non, did not show on the trial that the rents, issues and profits of the land, were needed to pay the debts of the estate and expenses of administration.
Kline claims to be the owner of the administrator’s light of possession under a contract between him and Albert G. Moulton, the first…
2Cited by6 opinions
- Campau v. CampauMichigan Supreme Court · 1869
- Lewon v. HeathNebraska Supreme Court · 1898
- Dundas v. CarsonNebraska Supreme Court · 1889
- Moody v. MacomberMichigan Supreme Court · 1910
- In re the Estate of DoetzAppellate Division of the Supreme Court of the State of New York · 1907
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