Bailey v. Bailey
Michigan Supreme Court
Error to Lenawee Circuit. argnetl that the evidence relating to the statements of the brothers and sisters of Ira Smith as to whether they had heard from him, was pure hearsay, and that the inquiries should have been made at his last place of residence in California; that the plaintiffs to recover were bound to prove not only possession by their co-tenants, but actual ouster or its equivalent; that a mere denial of plaintiff’s right is not enough, but it must be such as to…
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Error to Lenawee Circuit. argnetl that the evidence relating to the statements of the brothers and sisters of Ira Smith as to whether they had heard from him, was pure hearsay, and that the inquiries should have been made at his last place of residence in California; that the plaintiffs to recover were bound to prove not only possession by their co-tenants, but actual ouster or its equivalent; that a mere denial of plaintiff’s right is not enough, but it must be such as to amount to a disseizin of the co-tenant: Edwards v. Bishop, é N. Y., 61; Bicard v. Williams, 7 Wheat., 59; that our…
1Opinion of the Court
Marston, J:
Plaintiffs below, defendants in error, brought an action of ejectment to recover possession of an undivided one-eighth of certain real estate situate in the township of Adrian, Lenawee county; jury trial, verdict and judgment for plaintiffs.
Plaintiffs and defendants both claim title through Daniel Smith, who died in April, 1845, leaving eight children, one of them named Ira, whose interests the plaintiffs below claimed to have acquired by conveyance from his heirs in 1871. The most important questions raised in the case grow out. of the evidence introduced tending to show the death…
2Cases cited3 opinions
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