McCamman v. Davis
Michigan Supreme Court
Appeal from Ingham; Collingwood, J. Bill by James R. McCamman and another against Charles J. Davis and others for the partition of certain real estate. From a decree ordering the property offered for sale first, in one parcel, afterwards in separate parcels, complainants appeal.
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Appeal from Ingham; Collingwood, J. Bill by James R. McCamman and another against Charles J. Davis and others for the partition of certain real estate. From a decree ordering the property offered for sale first, in one parcel, afterwards in separate parcels, complainants appeal. Complainants are the owners of an undivided five-sixths interest in the N. BJ. i of section 22, of town 4 north, of range 2 west, excepting therefrom the rights of way across said premises of two railroads. Defendant Charles J. Davis is the owner of the other undivided one-sixth interest in said premises. Complainants…
1Opinion of the CourtBrooke, J.
(after stating the facts). It is urged by complainants that the court had no authority, under the proofs in this record, to do anything but decree a sale of *438tñe parcel en masse. It is to be noted that the record is barren of testimony to the effect that a sale, as ordered by paragraph 7 of the decree, will or may produce more than a sale of the whole parcel en bloc; indeed, the only testimony in the case is that given by the complainants, who swear that, in their opinion, the property will bring a higher figure, if offered as one parcel. If the contention of defendant Davis, that the property…
2Cases cited4 opinions
- Summers v. BromleyMichigan Supreme Court · 1873
- Wilkinson v. GreenMichigan Supreme Court · 1876
- Hayward v. KinneyMichigan Supreme Court · 1891
- Bell v. PateMichigan Supreme Court · 1882
3Cited by8 opinions
- State v. PaulineHawaii Supreme Court · 2002
- Mason v. BraughtSouth Dakota Supreme Court · 1914
- Valentine v. MaloneMichigan Supreme Court · 1934
- Von Holt v. Izumo Taisha Kyo MissionHawaii Supreme Court · 1958
- In Re Thacker EstateMichigan Court of Appeals · 1984
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