Smalley v. Mitchell
Michigan Supreme Court
Error to Wayne; Donovan, J. Ejectment by Edwin E. Smalley and John E. Tomlin-son against Philinda Mitchell and others. From a judgment for defendants, plaintiffs bring error.
1Opinion of the CourtLong, C. J.
This is an action of ejectment. The lands in controversy were owned by Nancy Winfield, who, in March, 1871, by her last will and testament, conveyed them to Elizabeth Winfield and Sarah Tomlinson, the last named being the daughter of the husbatid of testatrix, and the other her own daughter. The lands were conveyed by the will to them jointly, and provided that, if either died without issue, the survivor was to take the whole. The parcel consisted of about 37 acres. The testatrix left surviving her several other children, and her husband, Selah Winfield, then advanced in years. Defendants…
2Cited by22 opinions
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- Rowe v. Noren Pattern & Foundry Co.Michigan Court of Appeals · 1979
- Sax v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1900
- Stitt v. Rat Portage Lumber Co.Supreme Court of Minnesota · 1906
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