Wilmarth v. Palmer
Michigan Supreme Court
Error to Wayne Circuit. This was an appeal by Erviu Palmer from the 'decision of the commissionei’s on claims in the matter of the estate of James Lee, deceased, disallowing his claim.
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Error to Wayne Circuit. This was an appeal by Erviu Palmer from the 'decision of the commissionei’s on claims in the matter of the estate of James Lee, deceased, disallowing his claim. The cause was tried by jury and judgment rendered in Palmer’s favor, and Wilmarth, the administrator, brought error. relied upon Everts v. Beach, 31 Mich., 136, and Hogsett v. Ellis, 17 Mich., 351. conceding that one tenant in common cannot recover rent of his co-tenant when each is left to his own choice to occupy or not, argued that where one joint owner is in exclusive possession of the whole premises, and…
1Opinion of the Court
'■Campbell, J:
Ervin Palmer undertook to prove a claim against Lee’s ■estate, consisting of demands purchased from co-tenants of Lee for use and occupation by him of their common estate.
There was no proof of any agreement or understanding that Lee was to pay his co-tenants for the use of the land. This being so, the case comes directly within the ruling in Everts v. Beach, 31 Mich., 136, and the court erred in holding that there was such a liability.
The suggestion that the tenant held adversely would •destroy the relation of landlord and tenant entirely, and would be equally fatal as an…
2Cases cited2 opinions
- Hogsett v. EllisMichigan Supreme Court · 1868
- Everts v. BeachMichigan Supreme Court · 1875
3Cited by6 opinions
- Lockwood v. Thunder Bay River Boom Co.Michigan Supreme Court · 1880
- Owings v. OwingsMichigan Supreme Court · 1908
- Zwergel v. ZwergelMichigan Supreme Court · 1923
- Falkner v. FalknerMichigan Court of Appeals · 1975
- Tomchak v. HandricksMichigan Supreme Court · 1963
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