Jeffers v. Sydnam
Michigan Supreme Court
Error to Kent; Perkins, J. Ejectment by Oscar Jeffers and others against John W. Sydnam. From a judgment for plaintiffs, defendant brings error. This case was tried by the court without a jury, and the following finding of facts and of law made: “1. In 1864 William J. Knapp was the owner in fee of the west half of the northeast quarter of section 10, town 5 north, of range 9 west.
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Error to Kent; Perkins, J. Ejectment by Oscar Jeffers and others against John W. Sydnam. From a judgment for plaintiffs, defendant brings error. This case was tried by the court without a jury, and the following finding of facts and of law made: “1. In 1864 William J. Knapp was the owner in fee of the west half of the northeast quarter of section 10, town 5 north, of range 9 west. At or about this time the owner of these lands died intestate while in the army, leaving a widow, Mary J. Knapp, in possession of the premises, and James A. Knapp, Elisha D. Jeffers, Oscar Jeffers, Emily Swobe,…
1Opinion of the CourtGrant, J.
(after stating the facts). By the law of descent in this State at the time of William J. Knapp’s *444death, the widow was endowed with a life estate in the land. 2 How. Stat. § 5772a, subd. 2. The widow could not convey, even by warranty deed, any greater interest in the land than that of which she was possessed, and there is no evidence in the record that she intended to. No expectant estate can be defeated by the act of the owner of the intermediate estate, or by any destruction thereof. 3 Comp. Laws, § 8814. The present case, in all its aspects, is ruled against the defendant by Lumley v.…
2Cases cited4 opinions
- Bowen v. BroganMichigan Supreme Court · 1899
- Jenks v. HortonMichigan Supreme Court · 1893
- Smith v. BlindburyMichigan Supreme Court · 1887
- Lumley v. HaggertyMichigan Supreme Court · 1896
3Cited by4 opinions
- Newport v. HattonCalifornia Supreme Court · 1924
- Lowry v. LyleMichigan Supreme Court · 1924
- Myers v. MyersMichigan Supreme Court · 1915
- Federal Land Bank v. NewsomMississippi Supreme Court · 1936