Carpenter v. Carpenter
Cases that cite this one
7 later published cases cite this decision.
- In re Swall (Nev. 1913)
- Stanford v. Gray (Utah 1912)
- Carpenter v. Carpenter (Mich. 1904)
- Carpenter v. Carpenter (Mich. 1901)
- Dahlem v. Abbott (Mich. 1908)
- Lamb v. Lamb (Mich. 1905)
- Retan v. Sherwood (Mich. 1899)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
(after stating the facts). We think the learned circuit judge was in error. An ouster may be admitted by the pleadings. Newell, Ej. p. 133, § 16. The plea and notice constituted a deliberate assertion of title and possession hostile to plaintiff’s title. This, coupled with the testimony that defendant had been in possession for 12 years, claiming to own the entire title, was sufficient evidence of ouster. Fenton v. Miller, 94 Mich. 204. In addition to the authorities there cited at page 211, see, also, Newell, Ej. 134; Fenton v. Mackinac Circuit Judge, 76 Mich. 405, 409; Clason v. Rankin, 1 Duer, 337; adding s v. Canfield, 4 Conn. 482; Peterson v. Laik, 24 Mo. 541 (69 Am. Dec. 441); Whiteley v. Whiteley, 110 Mich. 556.
Judgment reversed, and new trial ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.