Legal Opinion

Olin v. Henderson

Michigan Supreme Court

Decided May 9, 1899PublishedCited by 18 opinions

Error to Wayne; Hosmer, J. Ejectment by Rollin C. Olin and Oscar Le Seure against Thomas Henderson. From a judgment for plaintiffs,' defendant brings error. This is an action of ejectment for the recovery of “a parcel of land, 19 rods wide, at the rear of the front concession of private claim No. 259, and being the southerly part of said front concession,” containing 2^ acres, which plaintiffs claim'in fee.

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Error to Wayne; Hosmer, J. Ejectment by Rollin C. Olin and Oscar Le Seure against Thomas Henderson. From a judgment for plaintiffs,' defendant brings error. This is an action of ejectment for the recovery of “a parcel of land, 19 rods wide, at the rear of the front concession of private claim No. 259, and being the southerly part of said front concession,” containing 2^ acres, which plaintiffs claim'in fee. The situation will appear from the following plat: The land in dispute is marked with a cross. Plaintiffs introduced the original patent for private claim 259, and deeds which brought the…

1Opinion of the CourtGrant, C. J.

(after stating the facts). 1. Plaintiffs introduced, under objection and exception, the field-notes of the survey of the rear concession. The objection made to this is that it did not tend to show title in the plaintiffs. This survey was made by John F. Monroe, a deputy United States surveyor, in October, 1871, in pursuance of an act of congress. The field-notes of the front concession by the same surveyor were also introduced. The purpose of this was to show the location of the witness trees, and that, by establishing the line as plaintiffs claimed, defendant had all the land his patent…

2Cases cited10 opinions

  1. Ripley v. SeligmanMichigan Supreme Court · 1891
  2. Buell v. IrwinMichigan Supreme Court · 1871
  3. Pittsburgh & Lake Angeline Iron Co. v. Lake Superior Iron Co.Michigan Supreme Court · 1898
  4. Cronin v. GoreMichigan Supreme Court · 1878
  5. Jones v. LeeMichigan Supreme Court · 1889

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3Cited by18 opinions

  1. Hanlon v. Ten HoveMichigan Supreme Court · 1926
  2. Sheldon v. Michigan Central RailroadMichigan Supreme Court · 1910
  3. Garvin v. ThrelkeldCourt of Appeals of Kentucky · 1917
  4. Kitchen v. ChantlandSupreme Court of Iowa · 1905
  5. Ennis v. StanleyMichigan Supreme Court · 1956

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