Owings v. Owings
Michigan Supreme Court
Appeal from Eaton; Smith, J. Bill by Gulielmus E. Owings, George W. Rowley, administrator of the estate of Fox W. Owings, deceased, and others, against Francis O. Owings for a partition and for an accounting. From a decree for complainants, defendant appeals. One Fox W. Owings died intestate in July, 1897, seised of a farm of 40 acres within the corporate limits of the city of Charlotte.
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Appeal from Eaton; Smith, J. Bill by Gulielmus E. Owings, George W. Rowley, administrator of the estate of Fox W. Owings, deceased, and others, against Francis O. Owings for a partition and for an accounting. From a decree for complainants, defendant appeals. One Fox W. Owings died intestate in July, 1897, seised of a farm of 40 acres within the corporate limits of the city of Charlotte. Complainants and defendant are his sole heirs at law, Georgiana owning two-sixths and the others one-sixth each. For some years prior to his death he and the defendant had lived together on the farm,…
1Opinion of the CourtGrant, C. J.
(after stating the facts). 1. For some time prior to the death of the father he and his son, the defendant, occupied the premises jointly under an arrangement for a division of the crops. Defendant’s sisters, Georgiana and Mrs. Stoner, lived with them. After the death of the father defendant continued in possession, his two sisters continuing to live there whenever they chose. Defendant did not occupy the premises adversely; there was no agreement that he should pay rent or account to the others. No co-tenant demanded possession or brought any suit in ejectment or otherwise to enforce his…
2Cases cited6 opinions
- Campau v. CampauMichigan Supreme Court · 1869
- Everts v. BeachMichigan Supreme Court · 1875
- Fenton v. MillerMichigan Supreme Court · 1898
- Moreland v. StrongMichigan Supreme Court · 1897
- Wilmarth v. PalmerMichigan Supreme Court · 1876
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3Cited by7 opinions
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- Zwergel v. ZwergelMichigan Supreme Court · 1923
- Falkner v. FalknerMichigan Court of Appeals · 1975
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