Burkle v. Circuit Judge

Michigan Supreme Court

Burkle v. Circuit Judge

1 McGrath 555, 42 McGrath 513

DecidedJanuary 20, 1880

StatusPublished

This text of 1 McGrath 555 (Burkle v. Circuit Judge) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burkle v. Circuit Judge, 1 McGrath 555, 42 McGrath 513 (Mich. 1880).

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Opinion

To compel the respondent to restore certain special findings in an ejectment case.

Denied January 20, 1880.

[557]*557In. ejectment against relators the declaration contained two counts, in one of which plaintiff claimed the fee and in the other only a life estate. Plaintiff recovered on the count last mentioned. The jury assessed the increased value of the land by reason of the improvements, at $1,480. Judgment was enteród for plaintiff that she recover possession and the court struck out the special findings.

Held, that the statute requiring payment for improvements is not applicable to a case where the interest recovered is less than the fee.

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To compel the respondent to restore certain special findings in an ejectment case.

Denied January 20, 1880.

[557]*557In. ejectment against relators the declaration contained two counts, in one of which plaintiff claimed the fee and in the other only a life estate. Plaintiff recovered on the count last mentioned. The jury assessed the increased value of the land by reason of the improvements, at $1,480. Judgment was enteród for plaintiff that she recover possession and the court struck out the special findings.

Held, that the statute requiring payment for improvements is not applicable to a case where the interest recovered is less than the fee.

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Bluebook (online)

1 McGrath 555, 42 McGrath 513, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burkle-v-circuit-judge-mich-1880.