Legal Opinion

Cleland v. Taylor

Michigan Supreme Court

Decided January 15, 1854PublishedCited by 13 opinions

Case reserved from Jackson Circuit. This was an action of ejectment tried at the Circuit Court for the County of Jackson, in May, 1852. The plaintiff claimed to recover certain premises in the ¡county of Jackson.

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Case reserved from Jackson Circuit. This was an action of ejectment tried at the Circuit Court for the County of Jackson, in May, 1852. The plaintiff claimed to recover certain premises in the ¡county of Jackson. The plaintiff gave in evidence the record of a judgment entered in the Circuit Court for said County on the 19th day of May, 1848, in his favor, for $623 28 damages, and $68 92 costs of suit in an action of replevin, wherein one Uriah B. Way was plaintiff, and said plaintiff was the defendant; also an execution issued upon said judgment on the 23d of May, 1848, with the certificate…

1Opinion of the Court

By the Court,

Green, P. J.

A question somewhat analogous to this has been discussed *205in' the case of Fuller vs. Parrish, decided at the present term of this .Court. The right of the plaintiff to have the deed from "Way to Livermore set aside in the Court of Chancery, if made for the purpose of hindering, delaying or defrauding the plaintiff, is not questioned, but it is claimed that in a court of law, the fraud cannot be shown for the purpose of avoiding the deed. On this point the defendant’s counsel refers to Jacksonus. Hills, 8 Cow. 292, &c.; Osterhout vs. Shoemaker, 3 Hill. 516; Worcester…

2Cases cited3 opinions

  1. Jackson, ex rel. Bigelow v. TimmermanNew York Supreme Court · 1831
  2. Jackson ex dem. Church v. HillsNew York Supreme Court · 1828
  3. Jackson ex dem. Bigelow v. TimmermanNew York Supreme Court · 1834

3Cited by13 opinions

  1. Trask v. GreenMichigan Supreme Court · 1861
  2. Harrett v. KinneyMichigan Supreme Court · 1880
  3. Cranson v. SmithMichigan Supreme Court · 1881
  4. Belcher v. CurtisMichigan Supreme Court · 1898
  5. Daniel v. PalmerMichigan Supreme Court · 1900

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