Legal Opinion

Kercheval v. Wood & Luther

Michigan Supreme Court

Decided January 15, 1855PublishedCited by 3 opinions

Case reserved from the Wayne -Circuit in Chancery. The bill in this cause was filed in aid of an execution issued on behalf of the complainant against the defendant, and levied upon the interest of the defendant, Wood, in certain real estate, known as “ Primary School Land,” sold to him by virtue of the act of March 21,1837, for the sale of “ Primary School Land.”

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Case reserved from the Wayne -Circuit in Chancery. The bill in this cause was filed in aid of an execution issued on behalf of the complainant against the defendant, and levied upon the interest of the defendant, Wood, in certain real estate, known as “ Primary School Land,” sold to him by virtue of the act of March 21,1837, for the sale of “ Primary School Land.” A certificate of purchase had been delivered to Wood, dated Sept. 5,1837. No patent had been issued, and it did not appear that the amount due the State was fully paid. The bill embraced other matters not material to be stated.…

1Opinion of the Court

By the.Court,

Douglass, J.

The statute R. S. ch-1, § 3,) declares that the words “real -estate ” shall be construed to include lands and tenements, and all rights thereto, and interests therein, and provides (R. S. ch. 79, § 1,) that all the real estate of the debtor, whether in possession, reversion, or remainder, including lands fraudulently conveyed, &c., may be sold on execution.

A certificate of sale of Primary School Lands, under the act of 1837, (L. 1837, p. 209,) vests in the purchaser a right “to the possession of the land until forfeiture by failure to pay the instalments of purchase…

2Cases cited1 opinion

  1. Modisett v. JohnsonIndiana Supreme Court · 1831

3Cited by3 opinions

  1. Allen v. CadwellMichigan Supreme Court · 1884
  2. Foster v. WhelpleyMichigan Supreme Court · 1900
  3. Lipp v. JacobsMichigan Supreme Court · 1917

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