Fenton v. Circuit Judge

Michigan Supreme Court

Fenton v. Circuit Judge

1 McGrath 765, 76 McGrath 405

DecidedOctober 11, 1889

StatusPublished

This text of 1 McGrath 765 (Fenton 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

Fenton v. Circuit Judge, 1 McGrath 765, 76 McGrath 405 (Mich. 1889).

Pincite

Opinion

To compel respondent to set aside an order staying proceedings in a partition suit, until complainant establishes his title at law, and to enter a final decree.

Denied October 11, 1889.

Held, that where in a partition suit a plea of ouster and adverse possession is entered by the defendant in actual possession, and conflicting testimony shows that the defense is made in good faith, and complainant’s legal title upon that defense is doubtful and uncertain, th.e proceedings should be stayed until complainant establishes his title at law.

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To compel respondent to set aside an order staying proceedings in a partition suit, until complainant establishes his title at law, and to enter a final decree.

Denied October 11, 1889.

Held, that where in a partition suit a plea of ouster and adverse possession is entered by the defendant in actual possession, and conflicting testimony shows that the defense is made in good faith, and complainant’s legal title upon that defense is doubtful and uncertain, th.e proceedings should be stayed until complainant establishes his title at law.

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Bluebook (online)

1 McGrath 765, 76 McGrath 405, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fenton-v-circuit-judge-mich-1889.