Campau v. Gillett
Michigan Supreme Court
Case reserved from Wayne Circuit Court. Ejectment by Henry Campau, son and beir at law of Henry Campau, deceased. The defence was a deed of the premises in controversy, dated 8th August, 1831, from the administratrix on the estate of Campau, deceased, to Peter J. Desnoyer, whose title the defendant held.
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Case reserved from Wayne Circuit Court. Ejectment by Henry Campau, son and beir at law of Henry Campau, deceased. The defence was a deed of the premises in controversy, dated 8th August, 1831, from the administratrix on the estate of Campau, deceased, to Peter J. Desnoyer, whose title the defendant held. Campau died in 1822, and his widow took out letters of administration on his estate the same year, or the year following, and, on the 12th January, 1827, the county court of Wayne county, on her application, licensed her, as administratrix on the estate, to sell the premises in question. On…
1Opinion of the Court
By the court,
Wins, J.
It is objected that the statute of limitations barred any claim which might have existed against the estate of the deceased, and therefore there could be no legal sale.
The order of sale bears date the 12th day of January, 1827. The day of sale was the 7th July, 1831. Four years and six months, less five days, elapsed from the date of the order to the day of sale. Only thirty days’ advertisement of sale was required, and probably a longer notice was not given; if so, more than four years had elapsed from the date of the order to the time of giving notice.
By the law in…
2Cases cited3 opinions
- Bank of Hamilton v. Lessee of DudleySupreme Court of the United States · 1829
- In re AllenMassachusetts Supreme Judicial Court · 1818
- Gates v. GatesMassachusetts Supreme Judicial Court · 1818
3Cited by5 opinions
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- Hoffman v. BeardMichigan Supreme Court · 1875
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- Scott v. JenkinsSupreme Court of Florida · 1903