Colton v. Rupert
Michigan Supreme Court
Error to Huron. (Wixson, J.) Ejectment. Plaintiff brings error. Thé facts are stated in the opinion. The affidavit was insufficient to give the commissioner jurisdiction to make the order of appearance. The statute (C. L. 1871, § 5116; How.
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Error to Huron. (Wixson, J.) Ejectment. Plaintiff brings error. Thé facts are stated in the opinion. The affidavit was insufficient to give the commissioner jurisdiction to make the order of appearance. The statute (C. L. 1871, § 5116; How. Stat. § 6670) requires proof of the fact of defendant’s non-residence, and the evidence required must be legal evidence; that is, such as would be admitted on a trial before a court of justice upon an issue of fact, joined upon such non-residence : Mackubin v. Smith, 5 Minn. 367; Ricketson v. Richardson, 26 Cal. 149; Wood v. Olney, 7 Nev. 115; Forbes v.…
1Opinion of the CourtChamplin, J.
The defendant recovered a judgment in an *324action of ejectment brought by plaintiff to recover possession of certain land situated in the county of Huron.
On the trial both parties claimed title through a common source. The plaintiff was the owner in fee by a purchase from Garret B. Hunt and Henry S. Cunningham, made on the seventh day of November, 1865. On the same day he executed and delivered to his vendors a mortgage upon the lands purchased, to secure the payment of the purchase price. Defendant claims title through a foreclosure in chancery of this mortgage. The defendant, as a part of his…
2Cases cited9 opinions
- Reading v. WatermanMichigan Supreme Court · 1881
- Sinclair v. LearnedMichigan Supreme Court · 1883
- Truesdail v. WardMichigan Supreme Court · 1871
- Platt v. StewartMichigan Supreme Court · 1862
- King v. HarringtonMichigan Supreme Court · 1866
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Leigh v. GreenNebraska Supreme Court · 1902
- O'Connell v. DowMassachusetts Supreme Judicial Court · 1903
- Amy v. AmyUtah Supreme Court · 1895
- City of Detroit v. Detroit City Ry. Co.U.S. Circuit Court for the District of Eastern Michigan · 1893
- Leigh v. GreenNebraska Supreme Court · 1901
14 more not listed; retrieve them via the Exa API.