Legal Opinion

Bernard v. Bougard

Michigan Court of Chancery

Decided July 1, 1839PublishedCited by 5 opinions

The bill in this' case slated, that in January, 1793, Hyacinth Bernard dit Lajore and one Antoine Bougard took possession of and settled a certain tract of land on the north side of the River Raisin, in the county of Monroe, containing five hundred and sixty arpents, being four hundred and eighty-six acres; was taken possession of jointly, and for their joint benefit, and was possessed and used in common.

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The bill in this' case slated, that in January, 1793, Hyacinth Bernard dit Lajore and one Antoine Bougard took possession of and settled a certain tract of land on the north side of the River Raisin, in the county of Monroe, containing five hundred and sixty arpents, being four hundred and eighty-six acres; was taken possession of jointly, and for their joint benefit, and was possessed and used in common. While so possessed, they, at their joint expense and for their mutual benefit, made permanent and extensive improvements. They continued the occupancy and improvements till March 3, 1807,…

1Opinion of the Court

The Chancellor.

Every material allegation in the bill is fully and positively denied by the answer. The defendants, nine in number, say the complainant never either owned or occupied the said land, or any part or portion thereof; but the children and heirs, on the contrary, say, from their earliest recollection, their'father held the entire, exclusive and peaceable possession of the whole tract, as well the pretended eastern as the western portion; that the said Antoine did not, kmmediately before his death, or at any time, direct them to con*141vey any portion of the tract to the complainant, or…

2Cited by5 opinions

  1. Bath v. MetcalfMassachusetts Supreme Judicial Court · 1887
  2. Kenner v. SmithTennessee Supreme Court · 1835
  3. Kenner v. SmithTennessee Supreme Court · 1835
  4. Kenner v. SmithTennessee Supreme Court · 1835
  5. Reading v. ReadingSupreme Court of New Jersey · 1854

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