Davenport v. Parsons
Michigan Supreme Court
Error to Lapeer Circuit. Actiou of ejectment by Parsons against Davenport. On tbe trial, plaintiff traced title to the premises in controversy to Thomas Emerson, Frederick Pettis and Richard H. Morris, by deed dated Jauuary 30, 1837, and which granted them “ to the said party of the second part and to the survivors or survivor of them (not as tenants in common, but as joint tenants, with right of survivorship), his heirs and assigns forever;” habendun “to the said party of…
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Error to Lapeer Circuit. Actiou of ejectment by Parsons against Davenport. On tbe trial, plaintiff traced title to the premises in controversy to Thomas Emerson, Frederick Pettis and Richard H. Morris, by deed dated Jauuary 30, 1837, and which granted them “ to the said party of the second part and to the survivors or survivor of them (not as tenants in common, but as joint tenants, with right of survivorship), his heirs and assigns forever;” habendun “to the said party of the second part, and to the survivors or survivor of them, and to his heirs and assigns forever.” A written stipulation…
1Opinion of the Court
Christiancy J.:
Was the deed from Thomas Emerson and Frederick Pettis, purporting to be executed by their attorneys R. H. Waller and Curtis Emerson, to said Frederick Pettis, properly excluded by the Court below?
This is the only question necessary to the decision of this cause.
The deed was objected to on four distinct grounds; but from the view we have taken of the case, we do not *50deem it necessary to allude to the second and fourth grounds, of objection, relating to the anomalous character of the deed growing out of the fact that one of the grantors is. also the grantee.
Nor is it necessary to…
2Cited by11 opinions
- Hollingsworth v. StateIndiana Supreme Court · 1887
- State v. MeanySupreme Court of Minnesota · 1962
- State v. EnsleyIndiana Supreme Court · 1912
- Busby v. StateCourt of Criminal Appeals of Texas · 1907
- State v. LeonardWashington Supreme Court · 1909
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