Kushler v. Weber
Michigan Supreme Court
Error to Oakland; Smith, J. Ejectment by Adolph Kushler and another against John H. Weber and another. Judgment for plaintiffs on a directed verdict. Defendants bring error. In April, 1906, the Oakland Place Land Company, Limited (a limited partnership association), was the owner of the north % of the northeast % of section 29, in town 1 north, range 11 east, being the township of Royal Oak in Oakland county.
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Error to Oakland; Smith, J. Ejectment by Adolph Kushler and another against John H. Weber and another. Judgment for plaintiffs on a directed verdict. Defendants bring error. In April, 1906, the Oakland Place Land Company, Limited (a limited partnership association), was the owner of the north % of the northeast % of section 29, in town 1 north, range 11 east, being the township of Royal Oak in Oakland county. On April 6, 1906, the said company executed two deeds, one to Maurice M. Kenney and wife, conveying the westerly 75 acres of said land, and the other to William C. Connolly and wife,…
1Opinion of the CourtKuhn, J.
(after stating the facts). Counsel for appellants ask for a reversal of the judgment in this case, on the following grounds:(1) That the Oakland Place Land Company, Limited, in the transaction evidenced by its deeds of April 6, 1906, to the Connollys and the Kenneys respectively (Nos. 3 and 7 above), did not intend to retain, and did not in fact retain title to any portion of the north half of the northeast quarter of section 29, but that, under the descriptions used in said deeds, construed *405in the light of the understanding- of all the parties and of the surrounding circumstances, the excess…
2Cases cited1 opinion
- Kushler v. WeberMichigan Supreme Court · 1914
3Cited by1 opinion
- Wilhelm v. HerronMichigan Supreme Court · 1920