Hayes v. Livingston
Michigan Supreme Court
Error to Montcalm Circuit. argued that the legal title to land cannot .pass by parol under the provisions of our statute: Comp■ L. 1871, § 4692 j that in ejectment the legal title only, and the right of possession under it, is involved, and an equitable title, however clear and indisputable, will not support the action: Tyler on Ejectment, 75; Adams on Ejectment, 32; 2 Greenl. on Ev., § 331; McPherson v. Walters, 16 Ala., 714; Hamlin v. Hamlin, 19 Me., 141; Delaplaine v.…
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Error to Montcalm Circuit. argued that the legal title to land cannot .pass by parol under the provisions of our statute: Comp■ L. 1871, § 4692 j that in ejectment the legal title only, and the right of possession under it, is involved, and an equitable title, however clear and indisputable, will not support the action: Tyler on Ejectment, 75; Adams on Ejectment, 32; 2 Greenl. on Ev., § 331; McPherson v. Walters, 16 Ala., 714; Hamlin v. Hamlin, 19 Me., 141; Delaplaine v. Hitchcock, 6 Hill, 14; Whitney v. Holmes, 15 Mass., 152; Ryder v. Flanders, 30 Mich., 336; that the legal title cannot be…
1Opinion of the Court
Cooley, Ch. J:
In. the court below Livingston recovered a judgment in. ejectment on the strength of an estoppel in pais. Ilis case was, that Hayes, whose title to the land at a former time was conceded, had given two mortgages upon it, one of which had been foreclosed under the power of sale, and the land sold to a third party; that the other being held by one Corey, an arrangement was made between him and Hayes, under which Corey ivas to buy up the title under the foreclosure, and then when he should be able to find a purchaser, sell the land and from the proceeds take out the amount of his…
2Cases cited35 opinions
- Davis v. DavisCalifornia Supreme Court · 1864
- Wendell v. Van RensselaerNew York Court of Chancery · 1815
- Storrs v. BarkerNew York Court of Chancery · 1822
- Brown v. . BowenNew York Court of Appeals · 1864
- Stewart v. CarletonMichigan Supreme Court · 1875
30 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Showers v. RobinsonMichigan Supreme Court · 1880
- Behler v. WeyburnIndiana Supreme Court · 1877
- Hanly v. WattersonWest Virginia Supreme Court · 1894
- Johnson v. HoganMichigan Supreme Court · 1909
- Nims v. ShermanMichigan Supreme Court · 1880
35 more not listed; retrieve them via the Exa API.