Carpenter v. Carpenter
Michigan Supreme Court
Error to Ingham; Wisner, J., presiding. Ejectment by Cora M. Carpenter against Augustus D. Carpenter and another for the undivided one-fifth of certain premises. From a judgment for defendants on verdict directed by the court, plaintiff brings error. With their plea of the general issue, defendants gave notice of a former suit in ejectment between certain parties, alleging it to be a bar to any right or title of the plaintiff to the premises described in the declaration.
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Error to Ingham; Wisner, J., presiding. Ejectment by Cora M. Carpenter against Augustus D. Carpenter and another for the undivided one-fifth of certain premises. From a judgment for defendants on verdict directed by the court, plaintiff brings error. With their plea of the general issue, defendants gave notice of a former suit in ejectment between certain parties, alleging it to be a bar to any right or title of the plaintiff to the premises described in the declaration. Upon the trial, plaintiff called defendant Augustus D. Carpenter as a witness, and proved by him that he had lived upon the…
1Opinion of the CourtGrant, C. J.
(after stating the facts). We think the learned circuit judge was in error. An ouster may be admitted by the pleadings. Newell, Ej. p. 133, § 16. The plea and notice constituted a deliberate assertion of title and possession hostile to plaintiff’s title. This, coupled with the testimony that defendant had been in possession for 12 years, claiming to own the entire title, was sufficient evidence of ouster. Fenton v. Miller, 94 Mich. 204. In addition to the authorities there cited at page 211, see, also, Newell, Ej. 134; Fenton v. Mackinac Circuit Judge, 76 Mich. 405, 409; Clason v. Rankin, 1…
2Cases cited6 opinions
- Fenton v. MillerMichigan Supreme Court · 1892
- Peterson v. LaikSupreme Court of Missouri · 1857
- Fenton v. SteereMichigan Supreme Court · 1889
- Giddings v. CanfieldSupreme Court of Connecticut · 1823
- Whiteley v. WhiteleyMichigan Supreme Court · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Stanford v. GrayUtah Supreme Court · 1912
- In re SwallNevada Supreme Court · 1913
- Carpenter v. CarpenterMichigan Supreme Court · 1904
- Carpenter v. CarpenterMichigan Supreme Court · 1901
- Lamb v. LambMichigan Supreme Court · 1905
2 more not listed; retrieve them via the Exa API.