Legal Opinion

Atherton v. Defreeze

Michigan Supreme Court

Decided January 28, 1902PublishedCited by 15 opinions

Error to Shiawassee; Smith, J. Replevin by John J. Atherton against Aaron Defreeze. From a judgment for defendant, plaintiff brings error.

1Opinion of the CourtGrant, J.

This is an action of replevin for two horses, and originated in justice’s court. Plaintiff derived his title from one Susan Whitman by a bill of sale. Defendant owned a farm and was unmarried. Mrs. Whitman, who was married, lived with defendant as his housekeeper. She testified that she was employed at $2 per week, and he *365testified that the arrangement between them was: “ Mrs. Whitman and I agreed to live together as long as we lived, and after I was dead she was to have what we had left.”

The title to the horses was the issue, and upon this the testimony was conflicting. There are 66…

2Cases cited3 opinions

  1. Boydan v. HaberstumpfMichigan Supreme Court · 1901
  2. Lichtenberg v. MairMichigan Supreme Court · 1880
  3. People v. RiedeMichigan Supreme Court · 1899

3Cited by15 opinions

  1. Socony Vacuum Oil Co. v. MarvinMichigan Supreme Court · 1946
  2. Badalamenti v. William Beaumont Hospital-TroyMichigan Court of Appeals · 1999
  3. Wayne County Board of Road Commissioners v. GLS LeascoMichigan Supreme Court · 1975
  4. Gutzman v. ClancyWisconsin Supreme Court · 1902
  5. People v. SlaughterCalifornia Court of Appeal · 1917

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