Legal Opinion

McLean v. Barton

Michigan Court of Chancery

Decided July 1, 1841PublishedCited by 2 opinions

The bill in this case stated that in 1816, Robert Smart, now deceased, obtained a deed of conveyance of lots number 61 and 62 in section three in the city of Detroit, representing himself to be the Assignee of Catharine Bailey, the Assignee of John Murphy, the Assignee of David McLean; to whom the lots had been granted by the Governor, and judges of the Territory of Michigan, acting as a Land Board, but that the deed making said grant was not delivered by the Governor and…

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The bill in this case stated that in 1816, Robert Smart, now deceased, obtained a deed of conveyance of lots number 61 and 62 in section three in the city of Detroit, representing himself to be the Assignee of Catharine Bailey, the Assignee of John Murphy, the Assignee of David McLean; to whom the lots had been granted by the Governor, and judges of the Territory of Michigan, acting as a Land Board, but that the deed making said grant was not delivered by the Governor and judges to said McLean.' The bill prayed for a conveyance of the lots to the complainants, the legal representatives of…

1Opinion of the Court

The Chancellor.

This bill is filed to obtain the conveyance of lots Nos. 61 and 62 in section 3 in the city of Detroit.

The bill alleges that the lots in question were granted to David McLean by the Governor andjudges of the then Territory of Michigan, acting as a Land Board ; but that the deed making said grant was not delivered.

That Robert Smart, now deceased, in December 11316, obtained a deed of conveyance of the lots in question, representing himself as Assignee of Catharine Bailey, Assignee of John Murphy, Assignee of said David McLean.

It denies that McLean ever made any such assignment,…

2Cases cited3 opinions

  1. Piatt v. VattierSupreme Court of the United States · 1835
  2. Henry Miller's Heirs & Devisees v. M'IntyreSupreme Court of the United States · 1832
  3. Hutcheson v. Heirs of McNuttOhio Supreme Court · 1821

3Cited by2 opinions

  1. Poole v. NixonU.S. Circuit Court for the District of Eastern Pennsylvania · 1834
  2. Den ex dem. Young v. RobinsonSupreme Court of New Jersey · 1819

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