Bird v. Stimson
Michigan Supreme Court
Error to Oakland; Smith, J. Ejectment by George L. Bird against Edward I. Stimson. Judgment for plaintiff. Defendant brings error.
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Error to Oakland; Smith, J. Ejectment by George L. Bird against Edward I. Stimson. Judgment for plaintiff. Defendant brings error. The action is ejectment, begun August 23, 1913, plaintiff claiming to own in fee and to be wrongfully dispossessed by defendant of land described in the declaration as follows: “Surplus parcel of land between lots ten and eleven (10-11), on unrecorded plat of Scarborough Beach, situated east of Pine Lake, southeast quarter of section twelve (12) in town two (2) north, range nine (9) east of Michigan meridian eight degrees described as follows: Beginning at an iron…
1Opinion of the CourtOstrander, J.
(after stating the facts). The first difficulty experienced in a study of the record is in concluding, upon any phase of the testimony, that there exists between the lines of lot 10 and lot 11, as they are called, a strip of land of any size, title to which remained in plaintiff’s grantor. It is a maxim of the law of ejectment that a plaintiff must recover upon the strength of his own title, and not upon the weakness of the title of his adversary. As the trial court instructed the jury, the burden rested upon plaintiff to establish the fact that there was a piece of land as *596contended by him,…
2Cases cited1 opinion
- Messenger v. PeterMichigan Supreme Court · 1901
3Cited by5 opinions
- Bruun v. CookMichigan Supreme Court · 1937
- Doelle v. ReadMichigan Supreme Court · 1951
- Roddy v. RoddyMichigan Supreme Court · 1955
- Ridgley v. RomaMichigan Supreme Court · 1937
- Jonke v. RubinOhio Supreme Court · 1959