Campau v. Chene
Michigan Supreme Court
Case iri chancery,- reserved, from Wayne Circuit Couirt. A bill was filed in that court on 22d November, 1847, by a part of the heirs at law of John Baptiste Campau, deceased, against other heirs of said Campau, and the' devisee of Gabriel Chene, deceased, to set aside the following deed from Canqpau to Chene, dated 27th of May, A. D. 1800: “ Before the undersigned witnesses, was present Jean Baptiste Campau, of the township of Ilamtramck, county of Wayne, in the territory…
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Case iri chancery,- reserved, from Wayne Circuit Couirt. A bill was filed in that court on 22d November, 1847, by a part of the heirs at law of John Baptiste Campau, deceased, against other heirs of said Campau, and the' devisee of Gabriel Chene, deceased, to set aside the following deed from Canqpau to Chene, dated 27th of May, A. D. 1800: “ Before the undersigned witnesses, was present Jean Baptiste Campau, of the township of Ilamtramck, county of Wayne, in the territory of Michigan, who acknowledges to have' sold, conveyed and made over, and by these presents do sell, convey and make over,…
1Opinion of the Court
By the court,
Wing, J.
The case made by the bill is based upon the supposition that the deed from Campau to Chene is a deed of trust, or a deed upon conditions, and in consequence of the failure of Chene to perform the conditions, it ceased to be operative and binding upon Campau. It is alleged, in the bill, that immediately after the execution of the deed, Chene entered into the possession of the farm, and he and his descendants have continued in possession ever since. It is not alleged, nor does it appear, that Campau or his heirs ever commenced any legal or equitable proceedings to take…
2Cases cited7 opinions
- Elmendorf v. TaylorSupreme Court of the United States · 1825
- Finlay v. King's LesseeSupreme Court of the United States · 1830
- Piatt v. VattierSupreme Court of the United States · 1835
- Tompkins v. ElliotNew York Supreme Court · 1830
- Humbert v. The RectorNew York Court of Chancery · 1838
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