Lasley v. Kniskern
Michigan Supreme Court
Error to Muskegon; Wolcott, J., presiding. Ejectment by S. Henry Lasley against Philip W. Kniskern. There was judgment for defendant, and plaintiff brings error. This is an action of ejectment and was tried before the court without a jury and findings of fact and law made. Plaintiff claims title as the original owner, and in this regard has a complete record title. Defendant claims title by adverse possession.
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Error to Muskegon; Wolcott, J., presiding. Ejectment by S. Henry Lasley against Philip W. Kniskern. There was judgment for defendant, and plaintiff brings error. This is an action of ejectment and was tried before the court without a jury and findings of fact and law made. Plaintiff claims title as the original owner, and in this regard has a complete record title. Defendant claims title by adverse possession. His grantor, one Fuller, obtained tax deeds and recorded them in 1884. Defendant claims that possession of the lands was taken, and that, although his tax titles are void, the…
1Opinion of the Court
Grant,.C. J.
(after stating the facts). The sole question for our consideration is, Do the facts found by the court below justify its conclusion that the defendant had acquired title by adverse possession ? The notoriety as to claim of title and possession is for the purpose of showing that the original owner had notice of the claim and possession and of its hostile character, and will therefore be presumed to have acquiesced in the claim of the possessor. Where the original owner has actual knowledge of the adverse title and of the hostile possession thereunder, notoriety becomes immaterial,…
2Cases cited5 opinions
- Clark v. GilbertSupreme Court of Connecticut · 1872
- Whitaker v. Erie Shooting ClubMichigan Supreme Court · 1894
- Key v. JenningsSupreme Court of Missouri · 1877
- Sparrow v. HoveyMichigan Supreme Court · 1880
- Dausch v. CraneSupreme Court of Missouri · 1891
3Cited by11 opinions
- Grandin v. GardinerNorth Dakota Supreme Court · 1954
- Monroe v. RawlingsMichigan Supreme Court · 1951
- Duck v. McQueenMichigan Supreme Court · 1933
- Adair v. BonninghausenMichigan Supreme Court · 1943
- Pease v. WhitneySupreme Court of New Hampshire · 1916
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