Heinmiller v. Hatheway
Michigan Supreme Court
Error to St. Clair. (Stevens, J.) Ejectment. Defendant brings error. The facts are stated in the opinion. Under How. Stat. sec. 7791, if the premises are not actually occupied, “the action must be brought against some person exercising acts of ownership-on the premises claimed, or claiming title thereto, or some interest therein at the commencement of the suit.”
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Error to St. Clair. (Stevens, J.) Ejectment. Defendant brings error. The facts are stated in the opinion. Under How. Stat. sec. 7791, if the premises are not actually occupied, “the action must be brought against some person exercising acts of ownership-on the premises claimed, or claiming title thereto, or some interest therein at the commencement of the suit.” Under the evidence, plaintiff was in such a position as to make him a necessm'y party defendant to an ejectment suit to recover possession of the land in dispute. Under our statute, the title to the lands is but an incident; the scope…
1Opinion of the CourtSherwood, J.
The plaintiff brought this suit in ejectment to recover possession of the N. £ of S. E. of section 13, township 8 north, range 15 east, in the county of St. Clair.
The cause was tried in the St. Clair circuit by jury, and the plaintiff recovered. The defendant brings error. Several exceptions were taken upon the introduction of the evidence, and the remainder relate to the refusals to charge, and to the charge as given.
• It appears from the record that the lands were unimproved, unfenced, and unoccupied by any person, and laid in a state of nature, except as some timber had been cut thereon…
2Cases cited8 opinions
- Harvey v. TylerSupreme Court of the United States · 1865
- King v. CarpenterMichigan Supreme Court · 1877
- Hill v. KrickeWisconsin Supreme Court · 1860
- Hoffman v. HarringtonMichigan Supreme Court · 1876
- Hanson v. ArmstrongIllinois Supreme Court · 1859
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3Cited by2 opinions
- Clow v. PlummerMichigan Supreme Court · 1891
- Harrington v. City of Port HuronMichigan Supreme Court · 1891