Paldi v. Paldi

• Decision Date: 21 April 1893
• Citation: 54 N.W. 903,95 Mich. 410
• Court: Michigan Supreme Court
• Parties: PALDI v. PALDI.

54 N.W. 903

95 Mich. 410

PALDI v. PALDI.

Supreme Court of Michigan

April 21, 1893

Error to circuit court, St. Clair county; William T. Mitchell Judge.

Ejectment by Roxa T. Paldi against Angelo Paldi. Judgment was entered in favor of defendant, and plaintiff appeals. Affirmed.

Frank Whipple, for appellant.

Albert McCall, (Avery Bros. & Walsh, of counsel,) for appellee.

LONG J.

This case was in this court at the October term, 1890, and judgment in favor of the plaintiff rendered, affirming the judgment of the court below. 84 Mich. 346, 47 N.W. 510. It is an action of ejectment, and defendant took a new trial under the statute. It has been retried, and verdict and judgment again directed in favor of the plaintiff. The facts are fully stated in the former opinion. It is contended however, that the facts appearing upon this record are materially different from the former. We have examined the record carefully, and find no such difference as to lead to any other conclusion than that arrived at in the former opinion. It appears now, as it appeared then, that the defendant, while occupying the land with her mother, joined with her mother and brothers in filing a bill in chancery to enforce her rights as tenant in common of the land; and that after her mother's death, acting as executrix of her mother's will, she filed an inventory in the probate court, claiming that her mother's interest in the land consisted of a tax title, or claim thereunder, worth $200. It also appears now, as it appeared in the former record, that Justin L., after receiving the deed from his father and mother, lived on the land for several years. We think there was no testimony in the case to go to the jury on the question of adverse possession, or value of improvements made by the mother of the defendant. It is claimed that Justin L Paldi obtained the deed from the mother of defendant by fraudulent representations. This defense could not be made in an action of ejectment. Harrett v. Kinney, 44 Mich. 457, 7 N.W. 63. Upon the execution and delivery of the deed from Angelo Paldi and his wife to Justin L. Paldi, the legal title passed to Justin L. Paldi, and the plaintiff claims under a deed from Justin L. This traces the legal title to the plaintiff.

The defendant's only claim on the former trial was under a tax title, and also that her mother held possession of the premises a sufficient length of time to acquire title by...