Legal Opinion

Galpin v. Abbott

Michigan Supreme Court

Decided November 13, 1858PublishedCited by 16 opinions

Appeal from Wayne Circuit in Chancery. The bill was filed in the court below to redeem certain premises in the city of Detroit from a mortgage.

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Appeal from Wayne Circuit in Chancery. The bill was filed in the court below to redeem certain premises in the city of Detroit from a mortgage. It sets forth that on the 3d day of July, 1835, James Abbott, being the owner of said premises, conveyed the same to Francis G. Macy, for the consideration of $5,000, and the deed thereof was duly recorded: That, soon after said conveyance, Macy left Michigan, and has not since resided therein, and has been entirely ignorant of any use which may have since been made of said lots, and that he gave no assent to any such use: That, on receiving such…

1Opinion of the Court

Oiieistiancy J.:

The main question in this case is, whether the two deeds from Macy to Dodd and Hoxie respectively, dated August 4th, 1835, acknowledged the same day, and recorded in the uffice of the register of deeds in the city of Detroit, October 9th, 1835, were so executed, attested, and acknowledged, as to be entitled to record under the then existing laws of the territory. If entitled to be recorded, the record was notice to all the world of the title of Dodd and Hoxie, and they should have ■«closure suit; and not having been made parties to the fore-been made parties, they were *30Hot…

2Cases cited3 opinions

  1. Clark v. GrahamSupreme Court of the United States · 1821
  2. Ives v. KimballMichigan Supreme Court · 1849
  3. Gorham v. DanielsSupreme Court of Vermont · 1851

3Cited by16 opinions

  1. Lamb v. State of FloridaSupreme Court of Florida · 1926
  2. Youngblood v. United StatesCourt of Appeals for the Sixth Circuit · 1944
  3. Tibble v. Wells Fargo Bank, N.A. (In Re Hudson)United States Bankruptcy Court, W.D. Michigan · 2011
  4. Hall v. RedsonMichigan Supreme Court · 1862
  5. Hogelskamp v. WeeksMichigan Supreme Court · 1877

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