Legal Opinion · Dissent

State v. Sparrow

Michigan Supreme Court

Decided December 22, 1891Published

Appeal from Ingham. (Peck, J.) Bill to cancel patents of swamp lands. Defendants appeal. The facts are stated in the opinion.

1DissentMorse, J.

In this case the title of the lands patented to Mr. Sparrow under Act No. 130, Laws of 1883, must be considered as adjudicated by this Court in Sparrow v. Commissioner of State Land-Office, 56 Mich. 567, and cannot now be disturbed. I am free to say, however, that, if the question were an open one, I should adopt the views of the dissenting opinion of Mr. Justice Campbell in that case; believing them to be in accordance with the plain letter of the Constitution, as applied to the clear intent and purpose of the legislative act in question. The act of 1885 has never been passed upon by this…

2Cases cited3 opinions

  1. Ryerson v. UtleyMichigan Supreme Court · 1868
  2. Sparrow v. Commissioner of the State Land OfficeMichigan Supreme Court · 1885
  3. Attorney General ex rel. People v. RugglesMichigan Supreme Court · 1886

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