Vanderkarr v. Thompson
Michigan Supreme Court
Error' to Shiawassee Circuit. This was an action of trespass brought in the Circuit Court for the County of Shiawassee, by James L. Thompson v, Joseph Vanderkarr, for entering upon the land in the possession of the plaintiff and cutting and carrying away a quantity of wheat. ' The plaintiff’s possession had been obtained under written contract for the purchase of the land on which the wheat was growing at the time of the purchase.
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Error' to Shiawassee Circuit. This was an action of trespass brought in the Circuit Court for the County of Shiawassee, by James L. Thompson v, Joseph Vanderkarr, for entering upon the land in the possession of the plaintiff and cutting and carrying away a quantity of wheat. ' The plaintiff’s possession had been obtained under written contract for the purchase of the land on which the wheat was growing at the time of the purchase. The defendant pleaded the general issue and gave notice of the sale of the land by him to the plaintiff; that the wheat in controversy was growing on the land and…
1Opinion of the Court
Cooley, Ch. J.
Thompson sued Yanderkarr in trespass for entering upon certain lands and taking and carrying away a quantity of wheat. It appears that Yanderkarr sold Thompson the lands by contract of sale in the ordinary form, except that it gave Thompson the right to the immediate possession, use and cultivation of the lands; and the wheat now in question was at that time a growing crop upon them. The wheat is not mentioned in the contract, and Yanderkarr sought to prove on the trial that by verbal agreement at the time the contract was made, the wheat was reserved to him. The Circuit Judge…
2Cited by15 opinions
- Herbst v. LoweWisconsin Supreme Court · 1886
- Moran v. LezotteMichigan Supreme Court · 1884
- Blough v. SteffensMichigan Supreme Court · 1957
- Adams v. WatkinsMichigan Supreme Court · 1895
- Mason v. PhelpsMichigan Supreme Court · 1882
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