Stevens v. Castel
Michigan Supreme Court
Error to Montcalm. (Smith, J.) Ejectment. Plaintiff brings error. The facts-are stated in the opinion. The recording of a deed by direction of the grantor is a sufficient delivery to enable the grantee to hold the land as against the grantor: Kerr v. Birnie, 25 Ark. 225; Corley v. Corley, 2 Cold.
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Error to Montcalm. (Smith, J.) Ejectment. Plaintiff brings error. The facts-are stated in the opinion. The recording of a deed by direction of the grantor is a sufficient delivery to enable the grantee to hold the land as against the grantor: Kerr v. Birnie, 25 Ark. 225; Corley v. Corley, 2 Cold. (Tenn.) 520. The recording of a deed by the grantor, with intent to-.pass the title and delay creditors, but intending to retain a life-estate, establishes a delivery conclusively: Moore v. Giles, 49 Conn. 570. In support of claim that recording was a delivery,, see Ruckman v. Ruckman, 32 N. J. Eq.…
1Opinion of the CourtMorse, J.
This is an action in ejectment, brought to recover 160 acres of land in the township of Bushnell, county of Montcalm. The suit was commenced May 25 1867. The case was tried in the Montcalm circuit, in December, 1885, before a jury, at which trial the defendant had verdict and judgment in his favor.
The plaintiff brings error, and insists in the outset that, upon the testimony of the defendant himself, the judgment should have been in favor of the plaintiff! The main case hangs upon the question of the delivery of a deed or deeds, executed by defendant, February 10, 1851.
This question waa…
2Cases cited14 opinions
- Thatcher v. Wardens & Vestrymen of St. Andrew's ChurchMichigan Supreme Court · 1877
- Maynard v. MaynardMassachusetts Supreme Judicial Court · 1813
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- Hawkes v. PikeMassachusetts Supreme Judicial Court · 1870
- Patrick v. HowardMichigan Supreme Court · 1881
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