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Legal Opinion

Midgley v. Walker

Michigan Supreme Court

Decided September 25, 1894PublishedCited by 19 opinions

Appeal from Wayne. (Lillibridge, J.) Bill to remove cloud from title. Complainants appeal- The facts are stated in the opinion.

1Opinion of the CourtMcGrath, C. J.

This is a bill filed to remove a cloud from the title of a parcel of land'which was deeded to the complainants, “and the survivor of either of them." Defendant is a purchaser at an execution sale upon a judgment against William D. Midgley, and the sole question is whether the individual interest of one of two or more joint tenants is subject to levy and sale upon execution running against such tenant.

*584Our statute (How. Stat. § 5560) provides that—

“All grants and devises of lands made to two or more persons, except as provided in the following section, shall be construed to create estates in…

2Cases cited6 opinions

  1. In re the Appeal of LewisMichigan Supreme Court · 1891
  2. Lillard v. WhitakerCourt of Appeals of Kentucky · 1813
  3. Baker v. ShepherdSupreme Court of Georgia · 1867
  4. Galusha v. SinclearSupreme Court of Vermont · 1831
  5. People v. MarshallCalifornia Supreme Court · 1857

1 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Gau v. HylandSupreme Court of Minnesota · 1950
  2. Smith v. CommissionerUnited States Board of Tax Appeals · 1931
  3. Finch v. HaynesMichigan Supreme Court · 1906
  4. Jackson v. Green EstateMichigan Supreme Court · 2009
  5. Smith v. SmithMichigan Supreme Court · 1939

14 more not listed; retrieve them via the Exa API.

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