Legal Opinion
Smith v. Cole
Michigan Supreme Court
Decided June 2, 1911No. Docket No. 55Published
Error to Oceana; Sessions, J. Ejectment by Milton Smith against George W. Cole. A judgment for plaintiff on a verdict directed by the court is reviewed by defendant on writ of error.
1Opinion of the CourtBlair, J.
On the 26th day of February, 1909, plaintiff filed his declaration in ejectment, alleging that, he being in the possession thereof as owner in fee—
“ The said defendant afterwards, to wit, on the 23d day of February in the year 1909, entered into said premises and unlawfully withholds from the said plaintiff the possession thereof, to the damage of the said plaintiff,” etc.
To this declaration defendant pleaded the general issue with notice of adverse, open, notorious, and peaceable possession of said premises for more than 15 years prior to the commencement of this action.
In support of his…
2Cases cited11 opinions
- Morse v. ByamMichigan Supreme Court · 1885
- Jochen v. TibbellsMichigan Supreme Court · 1883
- Bertram v. CookMichigan Supreme Court · 1875
- Dawson v. PeterMichigan Supreme Court · 1899
- Bertram v. CookMichigan Supreme Court · 1880
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