Palmer v. Oakley
Michigan Supreme Court
Ejectment, brought by Thomas Palmer and three others, against Thomas J. Oakley, to recover lot number 6, in section number 4, in the city of Detroit. — Plea the general issue. The cause was tried at the November terra, 1845, of the circuit court, before the Hon. D. Goodwin, Presiding Judge.
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Ejectment, brought by Thomas Palmer and three others, against Thomas J. Oakley, to recover lot number 6, in section number 4, in the city of Detroit. — Plea the general issue. The cause was tried at the November terra, 1845, of the circuit court, before the Hon. D. Goodwin, Presiding Judge. Both parties derived title from John Palmer, who died seized of the premises in 1S26. The plaintiffs were his children and heirs at law, and as such claimed each one sixth (in all four-sixths) of the premises. The defendant claimed through a sale made February 4th, 1832, in pursuance of a decree of…
1Opinion of the CourtWhipple, J.
The case presented for our judgment has been considered with the deliberation which its importance demands. In proceeding to announce the opinion of the court upon the several questions involved in it, we shall depart somewhat from the order in which they have been presented to us.
1. It appears on the face of the decree of the probate court appointing Archange Simmons guardian of the plaintiffs, that she was, at the time, a feme covert ; and it is contended on the part of the plaintiffs, that she was incompetent to be a guardian, on account of the coverture ; and that therefore the decree,…
2Cases cited11 opinions
- Grignon's Lessee v. ASTORSupreme Court of the United States · 1844
- Rose v. HimelySupreme Court of the United States · 1808
- Smith v. RiceMassachusetts Supreme Judicial Court · 1814
- Perkins v. FairfieldMassachusetts Supreme Judicial Court · 1814
- Jackson ex dem. Jenkins v. RobinsonNew York Supreme Court · 1830
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3Cited by43 opinions
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- Towle v. . RemsenNew York Court of Appeals · 1877
- County of Galveston v. GorhamTexas Supreme Court · 1878
- National Fire Insurance v. CraneCourt of Appeals of Maryland · 1860
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