Livingston v. Hayes
Michigan Supreme Court
Appeal from Montcalm. Bill to restrain defendant in ejectment from interposing his legal title as a defense. Dismissed. Complainant appeals. Amendments may be made on the hearing if not inconsistent with the case and if justice will be advanced thereby, 1 Barb. Ch. Pr. 215; or if germane to the suit or explanatory, Slater y.
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Appeal from Montcalm. Bill to restrain defendant in ejectment from interposing his legal title as a defense. Dismissed. Complainant appeals. Amendments may be made on the hearing if not inconsistent with the case and if justice will be advanced thereby, 1 Barb. Ch. Pr. 215; or if germane to the suit or explanatory, Slater y. Breese 36 Mich. 89; Munch■ v. Shabel 37 Mich. 166. A bill framed for one purpose will not generally be allowed to sustain a different relief than it prays, 1 Dan. Ch. Pr. 383, n; 1 TTnffm. Ch. Pr. 49, n.; Wilkin v. Wilkin 1 Johns. Ch. Ill; Rochester v. Anderson Litt. Sel.…
1Opinion of the CourtGraves, J.
Livingston sued Hayes in ejectment and was allowed to recover on the strength of an estoppel in pais. Hayes brought error, and it was determined that the plaintiff in ejectment could not found his title on mere equitable estoppel and shut out the legal paper title of the defendant, and the judgment was reversed and the case remanded for a new trial. Hayes v. Livingston 34 Mich. 384. The opinion contains a plain statement of the substantial facts. Still, a present glance at the controversy will be convenient. Hayes became *131grantee of the premises in September, 1866, and went into possession,…
2Cases cited8 opinions
- Hayward v. National BankSupreme Court of the United States · 1878
- Crocket v. LeeSupreme Court of the United States · 1822
- Tremaine v. Hitchcock & Co.Supreme Court of the United States · 1875
- Hayes v. LivingstonMichigan Supreme Court · 1876
- Lewis v. CampauMichigan Supreme Court · 1866
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3Cited by2 opinions
- Eberle v. HeatonMichigan Supreme Court · 1900
- Hoffman v. McMorranMichigan Supreme Court · 1883