Wetherbee v. Green
Michigan Supreme Court
Error to Bay Circuit. This was an action of replevin,'brought.by George Green, Charles H. Camp and George Brooks, in the Circuit Court for the County of Bay, against George Wetherbee, for one hundred and fifty-eight thousand black ash barrel hoops, alleged to be of the value of eight hundred dollars. The hoops were cut upon a tract of land which Green, one of the plaintiffs, and one Thomas Sumner had owned as tenants in common.
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Error to Bay Circuit. This was an action of replevin,'brought.by George Green, Charles H. Camp and George Brooks, in the Circuit Court for the County of Bay, against George Wetherbee, for one hundred and fifty-eight thousand black ash barrel hoops, alleged to be of the value of eight hundred dollars. The hoops were cut upon a tract of land which Green, one of the plaintiffs, and one Thomas Sumner had owned as tenants in common. Green, by parol, had authorized Sumner to sell timber from off the land. Afterwards, Sumner being indebted to Camp and Brooks, the other plaintiffs, conveyed to them,…
1Opinion of the CourtCooley, J.
The defendants in error replevied of TVetherbee a quantity of hoops, which he had made from timber cut upon their land. TVetherbee defended the replevin suit on two grounds. First, he claimed to have cut the timber under a license from one Sumner, who was formerly tenant in common of the land with Green, and had been authorized by Green to give such license. Before the license was given, however, Sumner had sold his interest in the land to Camp and Brooks, the co-plaintiffs with Greenland had conveyed the same by warranty deed; but TVetherbee claimed and offered to show by parol evidence,…
2Cases cited14 opinions
- Hart v. EyckNew York Court of Chancery · 1816
- Baker v. Wheeler & MartinNew York Supreme Court · 1832
- Curtis v. GroatNew York Supreme Court · 1810
- Miller v. HackleyNew York Supreme Court · 1810
- Betts v. LeeNew York Supreme Court · 1810
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3Cited by48 opinions
- McKee v. GratzSupreme Court of the United States · 1922
- Oppenhuizen v. WennerstenMichigan Court of Appeals · 1966
- Fowler v. HoffmanMichigan Supreme Court · 1875
- Kirby Lumber Co. v. Temple Lumber Co.Texas Supreme Court · 1935
- Bank of America v. J. & S. AUTO REPAIRSArizona Supreme Court · 1985
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