Bakker v. Fellows
Michigan Supreme Court
Error to Ottawa; Padgbam, J. Certiorari by Jacob Bakker and Fred Bakker against Edwin Fellows, drain commissioner, and Edward P. Kirby, probate judge, to review proceedings for the establishment of a drain. There was judgment for defendants, and plaintiffs bring error.
1DissentOstrander, J.
I think it doubtful if Mrs. Ann V. Osborne is shown to be a freeholder. This for the reason that it is entirely uncertain whether she has ever assumed the obligations of a life tenant with respect to the land. Bent is reserved in the lease, and is then receipted for. There is no express obligation to pay taxes. The evidence is that she holds a certain instrument, sufficiently described in the opinion of Mr. Justice Hooker, and is in possession of the land. Admitting that she is a freeholder, it seems to me to be clear that she is not an owner of the land. We may assume that the legislature…
2Cases cited7 opinions
- Twiss v. GeorgeMichigan Supreme Court · 1876
- Aplin v. FisherMichigan Supreme Court · 1890
- Dupreau v. Hibernia InsuranceMichigan Supreme Court · 1889
- Convis v. Citizens' Mutual Fire-InsuranceMichigan Supreme Court · 1901
- Farmers' Mutual Fire Insurance v. FogelmanMichigan Supreme Court · 1877
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