Legal Opinion

Marston v. Brashaw

Michigan Supreme Court

Decided April 13, 1869PublishedCited by 7 opinions

Error to Bay Circuit. This was an action of ejectment- to - recover the possession of certain premises in Bay county. . The decision of the case turns upon the validity of a certain deed introduced in evidence by the plaintiff, and which was excluded by the court belo\y for the reason that the officer who took the acknowledgment did not subscribe the same.' A verdict was found for the defendant.

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Error to Bay Circuit. This was an action of ejectment- to - recover the possession of certain premises in Bay county. . The decision of the case turns upon the validity of a certain deed introduced in evidence by the plaintiff, and which was excluded by the court belo\y for the reason that the officer who took the acknowledgment did not subscribe the same.' A verdict was found for the defendant. The record of a warranty deed from Terissa Matevia, to Louis B. Trombley, dated October 16, 1850, offered in evidence by plaintiff, was improperly rejected by the court. The signature of an officer at…

1Opinion of the Court

Campbell J.

Plaintiff brought ejectment, and, in order to show title, offered to introduce the record of a deed from one Terissa Matevia to Louis B. Trombley, and to show that the grantee went into possession, claiming title under it, He also proposed to deduce title to himself from this grantee by virtue of a series of mesne conveyances. The record of the first deed was excluded as invalid, and the subsequent conveyances were also ruled out for various reasons alleged, and plaintiff was therefore subjected to an adverse verdict.

The objection urged against the record of the original deed in…

2Cited by7 opinions

  1. Buell v. IrwinMichigan Supreme Court · 1871
  2. Davis v. HaleSupreme Court of Arkansas · 1914
  3. Wiener v. H. Graff & Co.California Court of Appeal · 1908
  4. Bigelow v. BoothMichigan Supreme Court · 1878
  5. Clark v. WilsonIllinois Supreme Court · 1889

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