Buell v. Irwin
Michigan Supreme Court
Error to Van Burén Circuit. This was an action of ejectment brought by Thomas B. Irwin in the circuit court for the county of Van Burén against Elay Buell, Dewitt C. Smith, and Jacob Wesler, for a tract of eighty acres of land. The defendants pleaded jointly the general issue, and gave notice of their several occupancy, each claiming compensation for improvements upon the premises occupied by him.
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Error to Van Burén Circuit. This was an action of ejectment brought by Thomas B. Irwin in the circuit court for the county of Van Burén against Elay Buell, Dewitt C. Smith, and Jacob Wesler, for a tract of eighty acres of land. The defendants pleaded jointly the general issue, and gave notice of their several occupancy, each claiming compensation for improvements upon the premises occupied by him. From the proofs offered on the trial it appeared that the plaintiff claimed title through John D. L. Montanye and Edwin ~W. Buddington, who acquired their title on the 20th of October, 1856, and…
1Opinion of the CourtGraves, J.
Irwin brought ejectment against plaintiffs in error for a parcel of land in Van Burén county.
*148The case was tried before a jury who, by direction of the court, returned a verdict against the plaintiffs in error, and they now question some of the rulings at the trial. When the defendant in error closed his evidehce in chief, he was entitled to a verdict, and that right remained when the case went to the jury, unless the court erred in excluding some ground of the defense. The evidence proposed by the plaintiffs in error was directed to three points:
First — To establish an adverse title either in…
2Cases cited10 opinions
- Sinclair v. Jackson ex dem. FieldCourt for the Trial of Impeachments and Correction of Errors · 1826
- Greer v. MezesSupreme Court of the United States · 1861
- Jackson ex dem. Lowell v. ParkhurstNew York Supreme Court · 1830
- Hayden v. WescottSupreme Court of Connecticut · 1835
- Lewis v. PaynCourt for the Trial of Impeachments and Correction of Errors · 1827
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3Cited by35 opinions
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- Olin v. HendersonMichigan Supreme Court · 1899
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