Duncan v. Campau
Michigan Supreme Court
Appeal in Chancery from Wayne Circuit. This was a bill for partition of the real estate of the late Joseph Campau, deceased. A receiver was asked for, and the bill also prayed that the administrators of said Campau be enjoined from interfering with the estate; they having acquiesced in the action of several of the heirs attempting to dispose of it among themselves, in fraud of complainant, and having yielded possession.
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Appeal in Chancery from Wayne Circuit. This was a bill for partition of the real estate of the late Joseph Campau, deceased. A receiver was asked for, and the bill also prayed that the administrators of said Campau be enjoined from interfering with the estate; they having acquiesced in the action of several of the heirs attempting to dispose of it among themselves, in fraud of complainant, and having yielded possession. The court below granted an order appointing a receiver with the usual powers, and from which defendants appealed. At the hearing of the appeal in this court complainant moved…
1Opinion of the Court
Martin Ch. J.
Said he thought the appeal should be dismissed for the same reasons assigned by him in Lewis v. Campau, 14 Mich. 458.
Campbell J.
This case differs entirely from Lewis v. Campau. I think a legal estate can not be divested by preliminary proceedings. But nothing like that is attempted here. The *416receiver is appointed over nothing but the real estate. The bill shows that the administrators have given up possession of it, and they have joined with the other heirs in their attempts to divide it. We have held they were not bound to take possession unless they chose, and I doubt whether…
2Cases cited1 opinion
- Lewis v. CampauMichigan Supreme Court · 1866
3Cited by15 opinions
- Vasquez v. RenoCourt of Appeals for the First Circuit · 2000
- People v. TaylorMichigan Supreme Court · 1972
- Ball v. TompkinsU.S. Circuit Court for the District of Western Michigan · 1890
- People v. DuffieldMichigan Supreme Court · 1972
- Rivers v. MitchellSupreme Court of Iowa · 1881
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