Burke v. Douglass
Michigan Supreme Court
Error to Ionia; Davis, J. Trespass quare clausum fregit by William Burke against Dayton Douglass. From a judgment, for defendant on verdict directed by the court, plaintiff brings error. This suit was commenced in justice’s court. Defendant pleaded title, and the case was thereupon certified to the circuit for trial. Defendant owns the record title. Plaintiff claims title by adverse possession.
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Error to Ionia; Davis, J. Trespass quare clausum fregit by William Burke against Dayton Douglass. From a judgment, for defendant on verdict directed by the court, plaintiff brings error. This suit was commenced in justice’s court. Defendant pleaded title, and the case was thereupon certified to the circuit for trial. Defendant owns the record title. Plaintiff claims title by adverse possession. May 17, 1879, Cora Soule (the then owner) and plaintiff entered into an executory land contract, by which he agreed to pay $32.50 for the lot, — $2.50 in cash, and the balance in monthly installments…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. The court directed a verdict for the defendant. Whatever rights plaintiff, had were obtained solely from his contract. He entered under it, continued in possession under it, and never notified Mrs. Soule or her grantees that he claimed to hold adversely to it. His contract was not recorded. When Rumsey purchased, he had no knowledge of plaintiff’s rights. He asked plaintiff what they were, to which plaintiff replied that the lot was his. Rumsey then brought suit to eject him, whereupon plaintiff produced his contract with Mrs. Soule as the basis of his rights. He…
2Cases cited7 opinions
- In Re the Department of Public Parks to Acquire Title to LandsNew York Court of Appeals · 1878
- Miller v. LarsonWisconsin Supreme Court · 1864
- Adams v. FullamSupreme Court of Vermont · 1871
- Cook v. RoundsMichigan Supreme Court · 1886
- Heermans v. SchmaltzU.S. Circuit Court for the District of Eastern Wisconsin · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Ann Arbor Fruit & Vinegar Co. v. Ann Arbor RailroadMichigan Supreme Court · 1904