Johnstone v. Scott
Michigan Supreme Court
Error to Bay Circuit. Ejectment for certain lots and blocks in Bay City, described in the declaration as being in that part of the village of Bay City which was formeriy part of the village of Portsmouth, according to the plat of said village of Portsmouth. On the trial, it was admitted that Joseph E. Marsac, purchased of the United States fraction number two, and Gardner D. Williams fraction number three, of section twenty-eight, town 14 north of range 5 east.
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Error to Bay Circuit. Ejectment for certain lots and blocks in Bay City, described in the declaration as being in that part of the village of Bay City which was formeriy part of the village of Portsmouth, according to the plat of said village of Portsmouth. On the trial, it was admitted that Joseph E. Marsac, purchased of the United States fraction number two, and Gardner D. Williams fraction number three, of section twenty-eight, town 14 north of range 5 east. Plaintiff then offered in evidence a deed from Henry Howard and Gardner D. Williams, describing themselves as trustees of the…
1Opinion of the Court
Christiancy J. :
The questions put to the witness, Partridge, for the-purpose of identifying the lands described in the deeds introduced by the plaintiff, and to show who was in possession, were, we think, clearly competent, and the Court erred in overruling them and excluding the evidence.
The ground upon which these questions were objected to and. excluded by the Court, was that a plat must first be proved, properly acknowledged by the proprietors to-entitle it to be recorded. A similar objection had previously been made by the defendants to the introduction of the deed from Howard and…
2Cases cited5 opinions
- Tuttle v. Jackson ex dem. HillsCourt for the Trial of Impeachments and Correction of Errors · 1830
- Mundy v. MonroeMichigan Supreme Court · 1848
- Niles v. RansfordMichigan Supreme Court · 1849
- Jackson ex rel. Swartwout v. ColeNew York Supreme Court · 1825
- Gardner v. SharpU.S. Circuit Court for the District of New Jersey · 1826
3Cited by21 opinions
- Chastang v. ChastangSupreme Court of Alabama · 1904
- Quinnin v. ReimersMichigan Supreme Court · 1881
- Hammond v. HanninMichigan Supreme Court · 1870
- Meyer v. HopeWisconsin Supreme Court · 1898
- Reading v. WatermanMichigan Supreme Court · 1881
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