Jackson v. Green Estate

I disagree with the separate opinions of Justices Corrigan, Young, and Markman. On the partition issue, I would allow the merits of defendant’s partition action to be heard because it comes within the purview of the survival statute. See MCL 600.2921. Regarding the statute of limitations issue, I find Smith v Smith Estate, 91 Mich 7; 51 NW 694 (1892), to be controlling, and I would apply its rule here to hold that *228all the claims were timely made except those that related to the first two loans. Accordingly, I would reverse the judgment of the Court of Appeals on both issues.

I. PARTITION

In…