Legal Opinion

Emery v. Whitwell

Michigan Supreme Court

Decided July 1, 1859PublishedCited by 17 opinions

Error to Calhoun Circuit. Defendants in error brought ejectment in the court below, claiming title in fee to the premises in question.

Read the full summary

Error to Calhoun Circuit. Defendants in error brought ejectment in the court below, claiming title in fee to the premises in question. On the trial (June 8th, 1858) before the court without a jury, they introduced in evidence a patent of the land from the United States to Reuben Abbott, a deed from Reuben to Samuel W. Abbott, dated February 25th, 1841, a chain of conveyances from the latter to themselves, and jjossession by defendant at the commencement -of suit;- and rested. Defendant, to support the issue on his part, then presented the journal of said circuit court, containing the…

1Opinion of the Court

Manning J.:

This case is brought here by writ of error, to correct *485alleged errors occurring' on the trial,’ in the rejection of testimony. Whitwell and Hoover brought an action of ejectment against Emery, in the circuit court of Calhoun county, to recover the premises in dispute, and of which Emery was in possession, claiming title. It appears from the bill of exceptions that on the trial the plaintiffs, to prove their title, gave in evidence a patent from the United States for the land in question, to one Reuben Abbott, dated August 15th, 1833; a deed from Abbott and wife to one Samuel W.…

2Cases cited1 opinion

  1. Whitwell & Hoover v. EmoryMichigan Supreme Court · 1853

3Cited by17 opinions

  1. Lapeer County Clerk v. Lapeer Circuit CourtMichigan Supreme Court · 2003
  2. Cook v. PerryMichigan Supreme Court · 1880
  3. Hall v. GrovierMichigan Supreme Court · 1872
  4. Montgomery v. MerrillMichigan Supreme Court · 1877
  5. Pulitzer Publishing Co. v. AllenMissouri Court of Appeals · 1908

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API