Hunt v. Rabitoay
Michigan Supreme Court
Appeal from Wayne; Carpenter, J. Bill by Eleanor C. Hunt and others against Frank Rabitoay and others for a partition. From a decree dismissing the bill, complainants appeal. Complainants seek partition of a part of private land claim 121, situated in the township of Ecorse, Wayne county, containing 55 acres.
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Appeal from Wayne; Carpenter, J. Bill by Eleanor C. Hunt and others against Frank Rabitoay and others for a partition. From a decree dismissing the bill, complainants appeal. Complainants seek partition of a part of private land claim 121, situated in the township of Ecorse, Wayne county, containing 55 acres. The entire claim contains 250 acres, was a long, narrow strip fronting on the Detroit river, and was divided by a stream, between which and the river were about 60 acres. This stream was a fork of the river Ecorse. Andre Viger was the original patentee of this claim. He died in 1812,…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. The court below entered a decree dismissing the bill, for the reason that complainants could not, during the lifetime of Mr. Bondie, the life tenant, purchase hostile claims and set them up in opposition to the title of the life tenant. Mr. Clark during his life, and complainants since his death, were in possession of the entire property as owners only of the life estate. They stand in the same position as did Alexander Bondie, and have no more right than he possessed. Their relation is so nearly that of landlord and tenant that the complainants cannot be heard…
2Cases cited6 opinions
- Robertson v. PickrellSupreme Court of the United States · 1883
- Caufman v. Presbyterian Congregation of Cedar SpringSupreme Court of Pennsylvania · 1813
- Fuller v. SweetMichigan Supreme Court · 1874
- Jackson ex dem. Vanbeuren v. VosburghNew York Supreme Court · 1812
- Hunt v. WeirCourt of Appeals of Kentucky · 1836
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Porter v. BrooksCourt of Appeals of Texas · 1913
- Bennett v. ArrowsmithSupreme Court of Kansas · 1917
- Matter of Estate of NelsonCourt of Appeals of Arizona · 1982
- Cleghorn v. BenjaminSupreme Court of Iowa · 1948
- Federal Land Bank v. NewsomMississippi Supreme Court · 1936