Delaney v. Manshum
Michigan Supreme Court
Appeal from Kent; Perkins, J. Bill by Ellen Delaney against Evart J. Manshum and Louis Meier to enjoin a trespass. Defendants filed an answer in the nature of a cross-bill claiming contract rights in certain timber. From a decree for complainant, defendants appeal.
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Appeal from Kent; Perkins, J. Bill by Ellen Delaney against Evart J. Manshum and Louis Meier to enjoin a trespass. Defendants filed an answer in the nature of a cross-bill claiming contract rights in certain timber. From a decree for complainant, defendants appeal. This case is before us upon a decree rendered upon the pleadings consisting of complainant’s bill, the answer thereto coupled with a cross-bill, replication to defendants’ answer, answer by complainant to defendants’ cross-bill, and replication 'by defendants to complainant’s answer. Complainant in her bill alleges that she is the…
1Opinion of the CourtGrant, J.
{after stating the facts). Complainant is entitled to dower in the 40 acres. She is also the owner of the narrow strip of land as the surviving tenant by the entirety. Counsel for appellants in his brief says that there are two legal questions involved:
1. Can the defendants be enjoined from cutting the timber and wood on the 40 ?
3. Can defendants be enjoined from using the narrow strip for a passage ?
Both must be answered in the affirmative. The widow may maintain suit at law without waiting for the assignment of dower. Moody v. Seaman, 46 Mich. 74. If she may do this she may bring suit in…
2Cases cited4 opinions
- Richmond v. RobinsonMichigan Supreme Court · 1864
- Bear v. StahlMichigan Supreme Court · 1886
- Moody v. SeamanMichigan Supreme Court · 1881
- Williams v. HydeMichigan Supreme Court · 1893
3Cited by5 opinions
- Poole v. Union Trust Co.Michigan Supreme Court · 1916
- Kerschensteiner v. Northern Michigan Land Co.Michigan Supreme Court · 1928
- United States v. Chalmers (In Re Wheeler)District Court, W.D. Michigan · 2000
- Morris v. MorrisMichigan Supreme Court · 1920
- In Re Stroh EstateMichigan Court of Appeals · 1986