Edwards v. Taliafero
Michigan Supreme Court
Error to Wayne Circuit. This was an action of ejectment. On the trial the following facts were admitted by the counsel for the respective parties, such admissions being recorded by the official stenographer: 1. That the plaintiff claims title in fee to the lot in question ; that possession was withheld by defendants from December 1st, 1874, and that at the commencement of suit defendant Meyers was in possession as a tenant under defendant Taliafero, and that the latter…
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Error to Wayne Circuit. This was an action of ejectment. On the trial the following facts were admitted by the counsel for the respective parties, such admissions being recorded by the official stenographer: 1. That the plaintiff claims title in fee to the lot in question ; that possession was withheld by defendants from December 1st, 1874, and that at the commencement of suit defendant Meyers was in possession as a tenant under defendant Taliafero, and that the latter claimed title. %. That on February 10, 18G9, defendant Taliafero was a minor under twenty-one; was possessed of the lot in…
1Opinion of the Court
Marston, J:
It is unnecessary to determine what the effect of the stipulation in this case would have been had no other, showing been made on the part of the plaintiff in error, who was plaintiff in the court below. He deemed it necessary to introduce the petition and proceedings in the probate court, authorizing the property to be mortgaged by the guardian of defendant Taliafero, under which plaintiff claimed title. Those proceedings affirmatively showed that the statute had not been complied with. Sec. 4626, 2 Comp. Laws, provides that the order of the probate court shall specify the amount…
2Cited by4 opinions
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- Culbertson v. H. Witbeck Co.Supreme Court of the United States · 1888
- Fast v. SteeleCalifornia Supreme Court · 1899
- Wagar v. BowleyMichigan Supreme Court · 1896