Legal Opinion · Dissent

Wales v. Newbould

Michigan Supreme Court

Decided November 16, 1860Published

Appeal from the Wayne Circuit in Chancery. The bill of complaint set forth substantially the following facts: Thomas F. Knapp, in his life- time, and John Thorn, owned together a certain tract of land in Port Huron, Michigan, the legal title to which was in Thorn. This tract was subdivided and platted, and Thorn had sold several lots before Knapp’s decease, which occurred prior to 1848, but had not accounted for the proceeds.

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Appeal from the Wayne Circuit in Chancery. The bill of complaint set forth substantially the following facts: Thomas F. Knapp, in his life- time, and John Thorn, owned together a certain tract of land in Port Huron, Michigan, the legal title to which was in Thorn. This tract was subdivided and platted, and Thorn had sold several lots before Knapp’s decease, which occurred prior to 1848, but had not accounted for the proceeds. LaFayette Knapp and Eliza Knapp were the children and heirs at law of Thomas F. Knapp, the latter of whom married Frank L. Hunt, about 1848, and she, her husband and La…

1Dissent

Manning J.,

dissenting:

Complainant had a daughter, named Cornelia, who married one Knapp, in 1849. In April of the following year, Knapp died without issue, leaving complainant’s daughter his widow, and an only sister who had married one Hunt, surviving him. In October, 1852, his widow married defendant Newbould; and in September, 1854, she died without issue. Knapp and his sister, as heirs to their father, who died previous to 1848, claimed an interest with one Thorn in certain real estate, situate in the village of Port Huron, the legal title to which was in Thom; and a bill was filed by…

2Cases cited11 opinions

  1. Jaques v. Trustees of the Methodist Episcopal ChurchCourt for the Trial of Impeachments and Correction of Errors · 1820
  2. Varick v. Smith & The Attorney GeneralNew York Court of Chancery · 1835
  3. North American Coal Co. v. DyettNew York Court of Chancery · 1837
  4. Livingston v. LivingstonNew York Court of Chancery · 1817
  5. Vartie v. UnderwoodNew York Supreme Court · 1854

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