Burdeno v. Amperse
Michigan Supreme Court
Error to Wayne Circuit. This was an action of trespass quare elausum fregit, commenced before a Justice of the Peace. The defendant g'ave notice under the statute of title to real estate, and the cause was certified to the Circuit Court. On the trial, the defendants offered in evidence a deed of the premises from the plaintiff to Victoria Burdeno, his wife, to the admission of which the plaintiff objected on account of the relation between the parties.
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Error to Wayne Circuit. This was an action of trespass quare elausum fregit, commenced before a Justice of the Peace. The defendant g'ave notice under the statute of title to real estate, and the cause was certified to the Circuit Court. On the trial, the defendants offered in evidence a deed of the premises from the plaintiff to Victoria Burdeno, his wife, to the admission of which the plaintiff objected on account of the relation between the parties. The court sustained the objection, and the defendant excepted.
1Opinion of the Court
Campbell J.
Burdeno sued plaintiffs in error in tresspass for alleged *92wrongful acts upon his freehold, being land covered by water. The suit was for treble damages to Burdeno, as proprietor of the land, the statutory action not lying for mere possession.—Achey v. Hull, 7 Mich. 423. Defendants offered to show that Burdeno had, in September 1861, conveyed the property by • deed to his wife, Victoria Burdeno. This deed was objected to as invalid, because of the relation of the parties ; and the Court below sustained the objection, and rejected the evidence.
The question is presented, therefore,…
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