Petroski v. Minzgohr
Michigan Supreme Court
Appeal from Baraga; Streeter, J. Bill by Matilda Petroski against Matt Minzgohr and the C. H. Worcester Company for an accounting. From a decree for complainant, defendant Minzgohr appeals. In December, 1891, one Edward Phelps purchased from the United States the W. £ of the W. \ of section 15, town 51 N., range 34 W. He received a patent, but never recorded it.
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Appeal from Baraga; Streeter, J. Bill by Matilda Petroski against Matt Minzgohr and the C. H. Worcester Company for an accounting. From a decree for complainant, defendant Minzgohr appeals. In December, 1891, one Edward Phelps purchased from the United States the W. £ of the W. \ of section 15, town 51 N., range 34 W. He received a patent, but never recorded it. He immediately cut off and sold the valuable pine timber, abandoned the land, left the State, and went to Minnesota. He paid no taxes. A purchaser of the land at a tax sale wrote to Mr. Phelps, who replied that he did not want the…
1Opinion of the CourtGrant, J.
(after stating the facts). Complainant was in the possession of the land at the time she made the contract with defendant. He went into possession under her. He remained in possession under her until he had secretly acquired the original title. The bill of sale by complainant to him contained a covenant of warranty and an agreement to defend the sale made thereby. He had an irrevocable license for the term specified in the contract. She could not eject him in a suit at law, or restrain him from cutting and removing the timber by a *358suit in equity. He had purchased standing timber and…
2Cases cited5 opinions
- Kirkpatrick v. MillerMississippi Supreme Court · 1874
- Cromwell v. CraftMississippi Supreme Court · 1872
- Mitchell v. ChisholmSupreme Court of Minnesota · 1894
- Stephens v. BlackSupreme Court of Pennsylvania · 1875
- Peay v. CappsSupreme Court of Arkansas · 1871
3Cited by4 opinions
- Slocum v. PetersonWashington Supreme Court · 1924
- Mizamore v. BerglinSupreme Court of Alabama · 1916
- Lawrence v. KennedyWest Virginia Supreme Court · 1922
- Scott v. NewellSupreme Court of South Carolina · 1928