Legal Opinion

Smelling v. Valley

Michigan Supreme Court

Decided January 22, 1895PublishedCited by 3 opinions

Error to Muskegon. (Dickerman, J.) Summary proceedings to recover the possession of land.. Defendant brings error. The facts are stated in the opinions.

1Opinion of the CourtMontgomery, J.

This was a summary proceeding to-recover possession of land for non-payment of rent. Com*581plainant had demanded the payment, as the jury must have found under the instructions of the court, and, on the defendant's refusal to make payment, had served the the seven-days notice to quit provided by How. Stat. § 8295. 'The defendant having failed to vacate within the seven days, this proceeding was instituted.

The evidence which the jury followed showed that complainant bought the land with defendant in possession;1 that defendant stated to complainant that he had no contract for further occupancy of…

2Cases cited3 opinions

  1. Davis v. StrobridgeMichigan Supreme Court · 1880
  2. Sutton v. RowleyMichigan Supreme Court · 1880
  3. Judd v. FairsMichigan Supreme Court · 1884

3Cited by3 opinions

  1. Thorbahn v. Walker's EstateMichigan Supreme Court · 1934
  2. Cook v. FullerSupreme Court of Oklahoma · 1913
  3. Steinhoff v. BullockMichigan Supreme Court · 1921

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