Godfrey v. White
Michigan Supreme Court
Appeal from Kent. (Montgomery, J.) Bill for partition of personal property. Defendant appeals.. The facts are stated in the opinion.
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Appeal from Kent. (Montgomery, J.) Bill for partition of personal property. Defendant appeals.. The facts are stated in the opinion. Courts of equity have exclusive jurisdiction of suits for the partition of personal property: Freeman on Co-tenancy, § 426 ; Smith v. Smith, 4 Rand. 102; Conover v. Earl, 26 Iowa, 167; Marshall v. Crow, 29 Ala. 278; Irwin v. King, 6 Ired. 219; Crapster v. Griffith, 2 Bland, 5; Tinney v. Stebbins, 28 Barb. 290; Low v. Holmes, 17 N. J. Eq. 148; and this is true, even though defendant denies complainant’s title : Weeks v. Weeks, 5 Ired. Eq. 118 ; Edwards v.…
1Opinion of the CourtSherwood, J.
On the twenty-third day of April, 1877, the defendant and Amos Rathbone were the joint owners of thirty shares of the capital stock of the Continental Improvement Company, a corporation organized under the laws of the state of Pennsylvania.
The said Rathbone and the defendant owned equal interest in the stock, but it was all issued to defendant, and is still held by him, and stands in his name upon the books of the company.
Amos Rathbone died in 1882, leaving a will, which .was probated in Kent county in December, 1882, and executors named in the will were duly appointed and qualified, and as…
2Cases cited5 opinions
- Smith v. SmithCourt of Appeals of Virginia · 1826
- Marshall v. Crow's Adm'rSupreme Court of Alabama · 1856
- Conover v. EarlSupreme Court of Iowa · 1868
- Butler v. RoysMichigan Supreme Court · 1872
- Tinney v. StebbinsNew York Supreme Court · 1858
3Cited by6 opinions
- Burgess v. Jackson Circuit JudgeMichigan Supreme Court · 1930
- Beardsley v. Kansas Natural Gas Co.Supreme Court of Kansas · 1908
- Robinson v. DickeyIndiana Supreme Court · 1896
- Julian v. YeomanSupreme Court of Oklahoma · 1910
- Riley v. WhittierNebraska Supreme Court · 1916
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