Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 53Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper Phelphs & Stevens, printers, 1885 |
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Page 93
... mortgage - Tenant - at - sufferance . 1. Proof that a party who bases his claim against an estate upon a deed from decedent had told the administrator that it was only a trust- deed , is not rebutted by proof that decedent had said that ...
... mortgage - Tenant - at - sufferance . 1. Proof that a party who bases his claim against an estate upon a deed from decedent had told the administrator that it was only a trust- deed , is not rebutted by proof that decedent had said that ...
Page 95
... mortgage ; and the court , at the request of counsel for the estate , charged the jury that , if the deed was so intended to be a mortgage , then the claim- ant could not be allowed his claim for rent . This instruction stated the law ...
... mortgage ; and the court , at the request of counsel for the estate , charged the jury that , if the deed was so intended to be a mortgage , then the claim- ant could not be allowed his claim for rent . This instruction stated the law ...
Page 96
... mortgage or not , or whether there was any agreement for rent , and there was no error in so doing . We have failed to discover any error in the last two assignments . In these the court simply calls the attention . of the jury to ...
... mortgage or not , or whether there was any agreement for rent , and there was no error in so doing . We have failed to discover any error in the last two assignments . In these the court simply calls the attention . of the jury to ...
Page 146
... mortgage , is , in exercising his power to foreclose , in the position of a trustee toward those who are interested in the equity of redemption , and is bound to treat them fairly and in good faith ; and if he designedly forecloses ...
... mortgage , is , in exercising his power to foreclose , in the position of a trustee toward those who are interested in the equity of redemption , and is bound to treat them fairly and in good faith ; and if he designedly forecloses ...
Page 147
... mortgage by adver- tisement . The bill is quite lengthy , but the material allegations are that in 1872 the complainant and his brother , the defendant Nathan Norton , were equal owners as tenants in common of a valuable farm in Cass ...
... mortgage by adver- tisement . The bill is quite lengthy , but the material allegations are that in 1872 the complainant and his brother , the defendant Nathan Norton , were equal owners as tenants in common of a valuable farm in Cass ...
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Common terms and phrases
Absalom H action affidavit affirmed alimony alleged allowed amount appear appellee ASSUMPSIT bill cause certiorari CHAMPLIN charge circuit court circuit judge claim commissioners common law complainant Constitution contract COOLEY corporation counsel court of equity creditors damages debtor decree deed Defendant brings error defendant's Detroit dollars drain commissioner duty entitled evidence execution facts filed given Governor held homestead Ingham county injury interest issue judgment jurors jury Justices concurred land lease levy lien Manistee River ment Michigan Monaghan mortgage Nathan Norton notice objection owner paid parties payment Penn person plaintiff possession premises probate proceedings proof proper purchase purpose question railroad reason received record recover refused removal rent replevin respondent reversed Smith Stat statute suit testimony thereof Thunder Bay tion township trial trial by jury trover wife witness writ
Popular passages
Page 187 - ... to appear and show cause why the prayer of the petition should not be granted...
Page 12 - When a devise or legacy shall be made to any child or other relation of the testator, and the devisee or legatee shall die before the testator, leaving issue who shall survive the testator, such issue shall take the estate so given by the will, in the same manner as the devisee or legatee would have done, if he had survived the testator; unless a different disposition shall be made or directed by the will.
Page 203 - By the law of the land, is most clearly intended, the general law; a law, which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial. The meaning is, that every citizen shall hold his life, liberty, property, and immunities under the protection of the general rules which govern society. Everything which may pass under the form of an enactment, is not therefore to be considered the law of the land.
Page 415 - ... or any other officer of the state, except legislative and judicial, elective or appointed, and to appoint a successor for the remainder of their respective unexpired term of office, and report the causes of such removal to the legislature, at its next session.
Page 429 - ... the court instructed the jury in substance as requested by the plaintiff in instruction No. 2. The court correctly instructed the jury that the burden of proof was upon the plaintiff to...
Page 315 - ... unless by act or operation of law, or by a deed or conveyance in writing, subscribed by the person creating, granting, assigning, surrendering or declaring the same, or by his lawful agent, thereunto authorized by writing.
Page 485 - No person, after acquittal upon the merits, shall be tried for the same offense. All persons shall before conviction, be bailable by sufficient sureties, except for murder and treason, when the proof is evident or the presumption great.
Page 515 - Children, wherever they go, must be expected to act upon childish instincts and impulses; and others, who are chargeable with a duty of care and caution towards them, must calculate upon this, and take precautions accordingly. If they leave exposed to the observation of children anything which would be tempting to them, and which they in their immature judgment might naturally suppose they were at liberty to handle or play with, they should expect that liberty to be taken.
Page 258 - Every homestead of not exceeding forty acres of land, and the dwelling house thereon, and the appurtenances, to be selected by the owner thereof, and not included in any town plat, city or village; or instead thereof, at the option of the owner, any lot in any city...
Page 52 - ... in possession of their natural faculties, and not infirm or decrepit ; of fair character, of approved integrity, of sound judgment, and well informed, and free from all legal exceptions.