Butler v. Executors of Porter
Michigan Supreme Court
Error to Kent Circuit. Ejectment. The case was tried by the Court, without ■ a jury, and judgment rendered for the plaintiff. Defend'ant brought error. Tbe finding by tbe Court was as follows: ' Tbe land in controversy is tbe undivided third of tbe west half of tbe south-east quarter of section seven, in town six, north of range eleven west.
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Error to Kent Circuit. Ejectment. The case was tried by the Court, without ■ a jury, and judgment rendered for the plaintiff. Defend'ant brought error. Tbe finding by tbe Court was as follows: ' Tbe land in controversy is tbe undivided third of tbe west half of tbe south-east quarter of section seven, in town six, north of range eleven west. From tbe testimony in this case, I find tbe facts to be: AS TO GOVERNMENT TITLE. ‘ 1. The United States conveyed to Henry Whiting tbe west half of tbe south-east quarter of said section, by .patent dated November 4, 1834. 2. Henry Whiting, and Eliza, bis…
1Opinion of the Court
Martin Ch. J.:
We find no error in the rulings and finding of the Circuit Judge. The plaintiff and defendant are tenants in common of the land. The title under which the plaintiff in error sought to maintain this action was. acquired through tax sales. The facts of the case, as exhibited by the bill of exceptions, do not show that although an undivided interest in the land was sold fora series of years, yet that the on'e-third interest of the. defendant was ever sold, or that he was ever in default of payments of the amount for which he was liable, up. to the year 1852. I think the inference…
2Cases cited1 opinion
- Page v. WebsterMichigan Supreme Court · 1860
3Cited by10 opinions
- Dubois v. CampauMichigan Supreme Court · 1872
- Battin v. WoodsWest Virginia Supreme Court · 1885
- Meltzer v. State Land Office BoardMichigan Supreme Court · 1942
- Torreyson v. DuttonSupreme Court of Florida · 1939
- Bender v. StewartIndiana Supreme Court · 1881
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