De War v. Juett

Summary proceedings to recover possession of land under 3 Comp. Laws 1915, § 13240 et seq. Defendants had judgment. Plaintiff brings error.

Plaintiff owns the land as devisee of one Donald McLean. Defendants claim right of possession as lessees of McLean under a lease in writing, signed for the lessor as follows: “Donald McLean, per James Campbell.” Campbell testified for defendants that he signed the lease for McLean in his presence and at his request. This testimony was received over plaintiff’s objection that the agent of one of the parties may not testify if the opposite party is dead. 3…