Montgomery v. Merrill
Michigan Supreme Court
Error to Calhoun Circuit. This was an action of ejectment, brought to recover the possession of certain premises situated in the city of Marshall. The -plaintiff claimed, by virtue of a sheriff’s deed, based upon a judgment recovered against the Calhoun County Bank. The defendant relied upon an alleged outstanding title of the receiver of the bank. Judgment was rendered in favor of defendant. The facts are stated in the opinion.
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Error to Calhoun Circuit. This was an action of ejectment, brought to recover the possession of certain premises situated in the city of Marshall. The -plaintiff claimed, by virtue of a sheriff’s deed, based upon a judgment recovered against the Calhoun County Bank. The defendant relied upon an alleged outstanding title of the receiver of the bank. Judgment was rendered in favor of defendant. The facts are stated in the opinion. The plaintiff claims under a sheriff’s deed.' The de-' fendant shows no title in himselij but relies for a defense in the outstanding title of the receiver. 1. An…
1Opinion of the Court
Campbell J.
Plaintiff having obtained a judgment in 1840, against the Calhoun County Bank, sued it over and obtained a second judgment thereon, in November, 1858, upon which he took out execution, on which the premises in controversy in this suit were sold March 19, 1859. The re*342dempfcion having run out, plaintiff’s deed became operative in due course of law in June, 1860. On this he brought ejectment, and defondant, not having shown a valid title of her own, set up in defense an outstanding title under a receivership, the history of which shows that on the 14th day of February, 1844, the…
2Cited by8 opinions
- Toledo & Ann Arbor R. R. v. JohnsonMichigan Supreme Court · 1882
- International Harvester Co. of America v. Eaton Circuit JudgeMichigan Supreme Court · 1910
- Montgomery v. MerrillMichigan Supreme Court · 1877
- Bridge Street & Allendale Gravel-Road Co. v. HogadoneMichigan Supreme Court · 1908
- Taylor v. AdamsMichigan Supreme Court · 1937
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