Robbins v. Barron

• Decision Date: 25 October 1870
• Citation: 22 Mich. 35
• Court: Michigan Supreme Court
• Parties: William B. Barron v. Lucinda A. Robbins and Levi R. Robbins

22 Mich. 35

William B. Barron v. Lucinda A. Robbins and Levi R. Robbins

Supreme Court of Michigan

October 25, 1870

Heard October 21, 1870 [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material]

Appeal in chancery from St. Clair circuit.

The bill in this cause was filed by William B. Barron, in the circuit court for the county of St. Clair, in chancery, against Lucinda A. Robbins and Levi R. Robbins, to quiet the title to three hundred and twenty acres of land in St. Clair county. The allegations of the bill, as to the possession of the premises, are these:

"And your orator further shows unto this court, that the said Lucinda A. Robbins is not a resident of the state of Michigan, but, as your orator is informed, a resident of the state of New York, and has never, to the knowledge or belief of your orator, been within the state of Michigan since your orator has been the owner of said lands and tenements.

"And your orator further shows unto this court, that the said Lucinda A. Robbins and the said Levi R. Robbins, defendants, further confederating and combining together for the purpose of injuring and oppressing your orator in the premises, set up and pretend that the said Lucinda A. Robbins now has the possession of said lands and tenements, whereas your orator expressly avers and charges the contrary thereof to be true; and that, if the said defendants, or either of them, are upon said lands, they are trespassers and wrongdoers against the just right of your orator.

"And your orator further shows unto this court, that some time in the month of February, 1869, the said Levi R. Robbins came to the city of St. Clair, in said county, and in surreptitious and stealthy manner, and without the knowledge or consent of your orator, went on the said lands and erected thereon, in an out of the way place, a temporary board shanty, or small building, and commenced cutting down and removing growing and standing timber thereon, and cutting, and causing to be cut, more or less cordwood on said lands, and gave out and declared he intended to cut down and dispose of valuable oak and other timber then and now standing and growing on said premises, and gives out and declares, and pretends, that in entering upon said lands, cutting said timber down, and building said shanty, and in plowing up portions of said lands, he acts as the agent of his said wife, and by her direction and authority; and that his said wife, the said Lucinda A. Robbins, has a good and lawful title to said lands, and that your orator has no legal or equitable title to the same, all which actings and doings and pretenses of the said Levi R. Robbins are contrary to equity and good conscience, and tend further to throw a cloud over your orator's title to said lands and tenements.

"And your orator further shows unto this court that, after the said Levi R. Robbins had entered upon said lands as heretofore stated, your orator told said Levi R. Robbins that his said wife had no title to said lands and premises, and on or about the 31st day of March, 1869, told him to leave said premises, and forbid him cutting down any timber on said premises, cutting any wood thereon, plowing, or in any way interfering with said lands and premises, and told said Levi R. Robbins to leave the same, but the said Levi R. Robbins absolutely refused to leave and yield up said premises to your orator, and still gives out and declares that he will not leave the same, but will continue to hold and possess the same as the agent of and for his said wife, the said Lucinda A. Robbins, to the great damage and injury of your orator, and contrary to equity and good conscience."

The allegations of the answer as to the question of possession are:

"They admit that said Lucinda A. Robbins pretends to have possession of said lands, and especially state that, in law and in fact, she has actual, undisturbed and exclusive possession of all of said lands, with her husband, said Levi R. Robbins.

"This defendant, Levi R. Robbins, admits that he entered upon said lands at about the time stated in the bill, but denies that he did so surreptitiously.

"And these defendants aver that he entered upon said lands, finding the same entirely unoccupied, as the husband and agent of the defendant, Lucinda A. Robbins, she being the owner in fee thereof, with intent to make the same their permanent home, and to farm and use the same, as they had the right to do.

"And these defendants insist and state the facts to be that the said Lucinda A. Robbins was, at the time of filing the original bill in this case, and of the amended bill therein, in the actual and legal and undisturbed possession of all said premises, she then, and still being, the actual and legal owner thereof in fee, and having the actual and legal possession under such title."

A replication was filed and proofs taken. The complainant, and the defendant, Levi R. Robbins, were examined as witnesses. The complainant, after stating that he was on the land on the 31st of March, was asked:

Ques.--"What did you do on the land on the 31st of March? Ans.--I ordered Mr. Robbins to leave the land immediately, or I should proceed to eject him. Ques.--What else did you do on the land? Ans.--Nothing else at that time. Ques.--Who was in possession at that time? Ans.--Mr. Robbins was then on the land. Ques.--Was not Robbins actually occupying a building on the 18th and the 31st of March, 1869? Ans.--On the 31st of March he was occupying a shanty. Ques.--Was he not occupying a shanty on the land on the day you filed your bill? Ans.--I think he was. Ques.--Had you any one on the land during February or March, up to the time of filing your bill, as a tenant, or holding the land for you? Ans.--I had no one. Ques.--Had you had any one in possession, or holding the lands in question as your tenant, or occupying the lands for you, any of the time from the time of your purchase from Ingersoll to the time of filing your bill? Ans.--I had no one living on it."

Levi R Robbins, one of the defendants, testified: "I reside in the town of China. Am one of the defendants in this case. Remember when the suit commenced, about the time. Resided then in the town of China, in this county. Lived on these lands in question. Have resided on these lands about five or six weeks before this suit commenced. I was building, chopping, etc. I was there with intention to prepare and make a permanent home. It belonged to my wife." And after stating that he was on the lands in February, 1869, he was asked: "Did you do anything with regard to them? Ans.--Yes, sir. I purchased a lot of lumber and had it drawn out on the land, and commenced building a house...