Wade v. Day

The trial court was of the opinion that this case was ruled by Curran v. Gordon, 169 Mich. 250. Being of the same opinion I hereby present my views in support of it. In Curran v. Gordon, Sarah E. Backus was the owner of the fee. In this case James Kams, plaintiff’s grantor, was the owner of the fee. In the Curran Case, Sarah E. Backus gave Curran- a bill of sale of certain standing timber. In this case, Karns gave defendant a bill of sale of certain standing timber. Both relied upon the bill of sale. In the Curran Case the owner of the bill of sale had possession of the land. In the present…