Gorham v. Arnold
Michigan Supreme Court
Error to Washtenaw Circuit. This was an action of ejectment brought by Charles T. Gorham in the Circuit Court for the County of Washtenaw against William H. Arnold, to recover the possession of two hundred acres of land in Washtenaw county.
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Error to Washtenaw Circuit. This was an action of ejectment brought by Charles T. Gorham in the Circuit Court for the County of Washtenaw against William H. Arnold, to recover the possession of two hundred acres of land in Washtenaw county. The following facts were found by the court: That on the eleventh day of June A. D. 1842, the title in fee to the lands in controversy was in Thomas Lee, who was also then in possession, and that said Lee is the common source from and through whom the parties respectively derive the titles claimed by them to the land. That on said eleventh day of June, Lee…
1Opinion of the Court
Campbell, Ch. J.
The questions in this case all resolve themselves into the single inquiry whether the title involved was one subject to levy and sale on execution.
The question of estoppel cannot have any significance, because there was no concealment or misunderstanding of facts in any way due to the parties alleged to have been estopped. The mistake made, if any, was one of law; and npon that no estoppel could arise unless under very peculiar circumstances, if at all.
When the same substantial facts were before us in Gorham v. Wing, 10 Mich. R., 492, it was very plainly intimated, though not…
2Cited by9 opinions
- Thirlby v. RainbowMichigan Supreme Court · 1892
- Feldman v. PrestonMichigan Supreme Court · 1916
- Thayer v. ArnoldMichigan Supreme Court · 1875
- Flynn v. HolmesMichigan Supreme Court · 1906
- Atkinson v. . RichardsonSupreme Court of North Carolina · 1876
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