Haak Lumber Co. v. Crothers
Michigan Supreme Court
Error to Cheboygan; Shepherd, J. Replevin by the Haak Lumber Company against George F. Crothers. There was judgment for plaintiff, and defendant brings error. James E. Holcomb and Emma, his wife, on July 3, ' 1901, executed and delivered to plaintiff a deed of the timber on certain premises, containing the provision that “ any timber remaining after May 1, 1904, shall revert to parties of the first part.”
Read the full summary
Error to Cheboygan; Shepherd, J. Replevin by the Haak Lumber Company against George F. Crothers. There was judgment for plaintiff, and defendant brings error. James E. Holcomb and Emma, his wife, on July 3, ' 1901, executed and delivered to plaintiff a deed of the timber on certain premises, containing the provision that “ any timber remaining after May 1, 1904, shall revert to parties of the first part.” Said Holcomb had, in April, 1900, contracted in writing to sell this land and other lands to one Archibald J. McKillop. McKillop sold the timber to plaintiff,, receiving the pay therefor,…
1Opinion of the CourtOstrander, J.
(after stating the facts). A single question of fact was submitted to the jury, which was whether defendant had sufficient notice of the claim and rights of plaintiff. The case for defendant, appellant, is based upon- a single proposition, which is that no extension of time in which to remove the timber was given. This proposition is in turn based upon the contention that McKillop and his wife were, when the extension was given, tenants by entireties of the land, by operation of the deed of December 15, 1902, executed to retransfer the title which had been conveyed as security for repayment…
2Cases cited10 opinions
- Jacobs v. MillerMichigan Supreme Court · 1883
- Wagar v. StoneMichigan Supreme Court · 1877
- Caruthers v. HumphreyMichigan Supreme Court · 1864
- Hazeltine v. GrangerMichigan Supreme Court · 1880
- Morrill v. MorrillMichigan Supreme Court · 1904
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Howell v. WieasMichigan Supreme Court · 1925
- Jordan v. DiltzMichigan Supreme Court · 1927