Peck v. Cavell
Michigan Supreme Court
Error to Livingston Circuit. This was an action of ejectment brought to recover the possession of certain lands in Hamburg, Livingston County. The defendant set up a title based upon sales on two executions issued on transcripts of Justices’ judgments, and filed in the Circuit Court. Objections were made to tbe admission of said transcripts on the trial in the Circuit Court on account of several defects appearing in said transcripts, and which are stated in the opinion.
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Error to Livingston Circuit. This was an action of ejectment brought to recover the possession of certain lands in Hamburg, Livingston County. The defendant set up a title based upon sales on two executions issued on transcripts of Justices’ judgments, and filed in the Circuit Court. Objections were made to tbe admission of said transcripts on the trial in the Circuit Court on account of several defects appearing in said transcripts, and which are stated in the opinion. Judgment was rendered for defendant in the Court below.
1Opinion of the Court
Cooley J.
The plaintiff having shown a prima facie right in himself to the recovery of the premises in question, the defendant sought to defeat that right by showing sales on two executions, against the plaintiff, issued on transcripts of justices’ judgments which had been filed in the Circuit Court. A portion of the premises was sold on each of the executions.
The statute only authorizes a transcript to be filed in the Circuit Court after execution has been issued by the Justice and returned unsatisfied; and it is objected that *11it does not appear from tbe transcripts that any execution was…
2Cited by8 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. BackusIndiana Supreme Court · 1893
- McCurdy v. County of ShiawasseeMichigan Supreme Court · 1908
- Blair v. ComptonMichigan Supreme Court · 1876
- Shine v. OlsonSupreme Court of Minnesota · 1910
- Harrison v. Bay Shore Development Co.Supreme Court of Florida · 1926
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