Carpenter v. Monks
Michigan Supreme Court
Error to Jackson. (Peck, J.) Ejectment. Defendant brings error. The facts are stated in the opinion. contended for the doctrine stated in the opinion. 1. Unless the land in question was within the general description owned by defendant, then defendant had no paper title thereto, and his possession, and that of his grantor, was originally a mere trespass.
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Error to Jackson. (Peck, J.) Ejectment. Defendant brings error. The facts are stated in the opinion. contended for the doctrine stated in the opinion. 1. Unless the land in question was within the general description owned by defendant, then defendant had no paper title thereto, and his possession, and that of his grantor, was originally a mere trespass. In Simpson v. Downing, 23 Wend. 316, the court held that a deed, or some writing sufficient in form to carry title to land, is an essential ingredient in a constructive possession set up as a bar to a recovery in an action of ejectment; and…
1Opinion of the CourtLong, J.
The defendant is the owner in fee, and in the actual possession and occupancy, of the S. part of the E. of the S. E. J of section 0, town 3 S., of range 1 E., Jackson county, containing 37 acres, more or less. He derived his title from Mr. Gunnison in August, 1868, and the same fall put up a barn on the premises, and lived in it for a time. Subsequently he built a house, and has continuously lived upon the land.
At the time of his purchase the west boundary of his land had been located under a survey made by one Dr. Mitchell. -At this time Mr. Eeldshaw owned the E. part of the W. -J- of the S.…
2Cases cited1 opinion
- Diehl v. ZangerMichigan Supreme Court · 1878
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