Legal Opinion

Lacey v. Davis & McFarren

Michigan Supreme Court

Decided January 15, 1856PublishedCited by 45 opinions

Case reserved from Ingham Circuit . This was an action of ejectment, to recover possession of 160 acres in the township of Bunkerhill, Ingham county. The canse was tried before the lion. David Johnson, Circuit Judge, without a jury, and upon the trial and argument of the cause the Circuit Judge found and certified to this Court the following facts : The plaintiff showed a conveyance of the premises from the United States to Tf.

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Case reserved from Ingham Circuit . This was an action of ejectment, to recover possession of 160 acres in the township of Bunkerhill, Ingham county. The canse was tried before the lion. David Johnson, Circuit Judge, without a jury, and upon the trial and argument of the cause the Circuit Judge found and certified to this Court the following facts : The plaintiff showed a conveyance of the premises from the United States to Tf. Peabody, by patent, dated August 2d, 1837, and a registered chain of title from Peabody, through intermediate grantors, down to bimself. It was admitted that…

1Opinion of the Court

By the Court,

Martin, J".

The plaintiff’s evidence of title Was properly admitted. In case of loss of an original patent, a copy from the records of the General Land Office of the United States, certified by the Commissioner, under the seal of.the office to be a true and literal exemplification of the Patent Records, as in this case, is admissible without further proo£ The provisions of Chapter 102 of our Revised Statutes, respecting evidence, have no relation to such cases, as they are governed by the laws of the United States, and the practice of the different departments.

The deeds…

2Cases cited4 opinions

  1. Choteau v. JonesIllinois Supreme Court · 1849
  2. Sibley v. SmithMichigan Supreme Court · 1853
  3. Voris v. ThomasIllinois Supreme Court · 1851
  4. Bartlett v. Lang's Adm'rsSupreme Court of Alabama · 1841

3Cited by45 opinions

  1. Case v. DeanMichigan Supreme Court · 1867
  2. Blackwood v. Van VleitMichigan Supreme Court · 1874
  3. Burns v. LewisSupreme Court of Georgia · 1891
  4. Dubois v. CampauMichigan Supreme Court · 1872
  5. McVannel v. Pure Oil Co.Michigan Supreme Court · 1933

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