See v. Derr
Michigan Supreme Court
Appeal from Oakland. (Stiekney, J.) Bill to correct deed, etc. Defendant Isaac appeals. Estates tail are abolished in Michigan, by 1. The code .of 1820, p. 393; 2. Bev. Stat. 1827, p. 2613. Comp.
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Appeal from Oakland. (Stiekney, J.) Bill to correct deed, etc. Defendant Isaac appeals. Estates tail are abolished in Michigan, by 1. The code .of 1820, p. 393; 2. Bev. Stat. 1827, p. 2613. Comp. L. •(1871) § 4070, which section is an exact copy from the Be-vised Statutes of New York, in force in 1820, and ever since; 1 Rev. Stat. (N. Y.), p. 22, sec. 3; Coe v. De Witt 22 Hun 429 ,; in New York the construction of words of similar import to those disputed here has always been to vest an estate in fee in the grantee : Lott v. Wylcoff 2 N. Y. 355 ; Brown v. Lyon 6 N. Y. 419; Striker v. Mott 28…
1Opinion of the CourtCampbell, J.
This bill was filed in Shiawassee county, to correct a deed, and. remove certain incumbrances, so far as complainants’ rights are concerned, upon lands in that county once owned by their grandfather, John Derr, and intended by him, as claimed, for the joint benefit of complainants and their mother, Melissa M. Derr, one of the defendants.
On January 10th, 1857, John Derr made a conveyance of the land to his son Charles S. Derr, the father of complainants, but subject to stringent conditions against incumbering or alienating during the grantor’s life. On the 23d of January, 1862, a few months…
2Cases cited1 opinion
- Heard v. HortonCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by2 opinions
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- Fullagar v. StockdaleMichigan Supreme Court · 1904