Stout v. Keyes
Michigan Supreme Court
Error to Lenawee Circuit Court. This was a special action on the case brqught by Keyes against John and Francis Stout, before a justice of the peace.
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Error to Lenawee Circuit Court. This was a special action on the case brqught by Keyes against John and Francis Stout, before a justice of the peace. The declaration alleged in substance that Keyes was the assignee of a mortgage executed by Francis Stout; that default having been made in the payment of the money secured by the mortgage, he instituted proceedings under the acts of 1841, (S. L. 1841, pp. 45,150,) for foreclosure and sale of the mortgaged premises; that the premises were sold on such foreclosure, October 1, 1841, and that he, the said Keyes, became the purchaser, forthe sum of…
1Opinion of the CourtGoodwin, J.
1. It is first insisted that it appeared upon the face of the declaration that the title to real estate came in question, and that, therefore, under the.ju'stices act of 1841, (S. L. 1841, p. 81,) the justice had no'jurisdiction.
The first section of that act excepts from his jurisdiction actions in which the title of real estate shall come in question; and if there was nothing further, probably the jurisdiction would be excluded. But there are other sections which show how the title must come in question to exclude jurisdiction, and the whole must be construed together. Sec. 39* provides that…
2Cases cited1 opinion
- Heath v. RossNew York Supreme Court · 1815
3Cited by7 opinions
- Kerschensteiner v. Northern Michigan Land Co.Michigan Supreme Court · 1928
- Coburn v. HarveyWisconsin Supreme Court · 1864
- Fry v. Equitable Trust Co.Michigan Supreme Court · 1933
- Fry v. Equitable Trust Co.Michigan Supreme Court · 1933
- Hill v. CommissionerUnited States Board of Tax Appeals · 1939
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