Burtch v. Hogge
Michigan Court of Chancery
The bill in this case was for a specific performance of a contract for the sale of real estate. The bill charged that Robert Hogge, the husband of said Hannah, (who was now dead,) in the month of May, 1832, was seized and possessed of an undivided interest of seven and a half acres of land at the mouth of Black river, in the county of St. Claii', being part of the north east fractional quarter of section ten, in township six north, of range seventeen east, containing, in the…
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The bill in this case was for a specific performance of a contract for the sale of real estate. The bill charged that Robert Hogge, the husband of said Hannah, (who was now dead,) in the month of May, 1832, was seized and possessed of an undivided interest of seven and a half acres of land at the mouth of Black river, in the county of St. Claii', being part of the north east fractional quarter of section ten, in township six north, of range seventeen east, containing, in the whole, ninety-one acres. That May 25, 1832, Robert Hogge agreed to sell to Jonathan Burtch, the complainant, seven…
1Opinion of the Court
The Chancellor.
There can be no doubt that the conduct of the commissioner in taking these depositions, was highly improper.
Thorn in his affidavit states that Porter appeared as attorney, asked all the questions and wrote the depositions, and it is apparent that he appeared there on different days, and when he was not called there as a witness.
Porter himself says in his affidavit, he was requested by Burtch to see to the inclosing and transmitting the testimony to Detroit; he says he was not employed as counsel or attorney, and adds that he was not admitted as an attorney in this state or…
2Cases cited12 opinions
- Colson v. ThompsonSupreme Court of the United States · 1817
- Hepburn and Dundas's Heirs v. Dunlop & Co.Supreme Court of the United States · 1816
- Crocker v. HigginsSupreme Court of Connecticut · 1829
- Strong v. StewartNew York Court of Chancery · 1819
- Marks v. PellNew York Court of Chancery · 1815
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3Cited by4 opinions
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- Stediford v. FerrisSupreme Court of New Jersey · 1818