Donahue v. Klassner
Michigan Supreme Court
Error to Berrien Circuit. This was an action of ejectment brought by Jacob Klassner in the Circuit Court for the County of Berrien against Philip Donahue, who died after the commencement of the suit, when Ellen Donahue and Barney Donahue, heirs at-law of Philip, were substituted on the record as defendants. The cause was first tried in the lifetime of Philip, and a verdict was rendered for the plaintiff.
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Error to Berrien Circuit. This was an action of ejectment brought by Jacob Klassner in the Circuit Court for the County of Berrien against Philip Donahue, who died after the commencement of the suit, when Ellen Donahue and Barney Donahue, heirs at-law of Philip, were substituted on the record as defendants. The cause was first tried in the lifetime of Philip, and a verdict was rendered for the plaintiff. A judgment was entered on the verdict, and the plaintiff obtained restitution of the premises. A second trial was awarded under the statute, when the plaintiff again obtained a verdict and…
1Opinion of the Court
Campbell, Ch. J.
This is an action of ejectment, and the principal *253inquiries in it relate to tlie validity and construction of a conveyance, and the effect of a contract by way of estoppel.
The plaintiff below, in order to prove his title, showed a patent from the United States to D. & J. Petrie; a deed from the Petries to one Barns, and a deed from Barns to C. F. Howe. He introduced evidence further to show that Howe had made a contract to sell the land to Philip Donahue, under whom defendants below claimed as heirs-at-law, and that Donahue failing to pay what was due, Howe assigned the…
2Cited by8 opinions
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- Kruk v. Minneapolis, St. Paul & Ste. Marie Railway Co.Michigan Supreme Court · 1930
- Ripley v. MillerMichigan Supreme Court · 1911
- Yerby v. GilhamSupreme Court of Georgia · 1917
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