La Roe v. Freeland

• Decision Date: 13 October 1860
• Citation: 8 Mich. 531
• Court: Michigan Supreme Court
• Parties: James G. LaRoe, administrator, etc., v. Garrett Freeland

8 Mich. 531

James G. LaRoe, administrator, etc., v. Garrett Freeland

Supreme Court of Michigan

October 13, 1860

Heard October 6, 1860

Error to Saginaw circuit.

Freeland presented to the commissioners appointed by the probate court to pass upon demands against the estate of Abram LaRoe, a claim for the building of a house and barn, and for certain other improvements, on land belonging to deceased; and this claim having been allowed by the commissioners, the administrator appealed. A trial was had in the circuit court without a jury, and the circuit judge found the following facts:

"That before Abram LaRoe went to California, in 1854, plaintiff entered into a parol agreement with him, by which plaintiff was to have the use and occupation of the southwest part of southwest fractional quarter of section sixteen, town sixteen north, of range three east, during LaRoe's absence in California, which would be at least three years, and perhaps longer, for which plaintiff was to pay taxes, and take care of the land.

"That plaintiff was to make other improvements than whet was already chopped, if he saw fit, and that on LaRoe's return he was to pay for them, and if he did not return plaintiff was to have the land; that Abram LaRoe has not returned, and that plaintiff has been in possession to this time; that plaintiff built a house, now worth about $ 60, and a barn, now worth about $ 125, and cleared about eight acres worth about $ 15 per acre--in all, $ 305; that plaintiff paid the taxes, kept up the fences, and occupied the land; that James G. LaRoe was appointed administrator of the estate of Abram LaRoe, deceased, June, 1857, and plaintiff had a conversation a year after the appointment of administrator about the occupancy of the land, in which Freeland said that if LaRoe would let him stay on another year, he would certainly clear it off. A little corner--perhaps an acre and a half--of wet ground, is not cleared.

"That plaintiff cut and sold about 4,000 saw logs, worth $ 3 a thousand, and about a hundred spiles, twenty-five feet long worth a cent a foot, from other land adjoining, belonging to LaRoe--in all, $ 37.

"The court finds the following conclusions of law.

"That the contract is not an agreement which by its terms is not to be performed within one year from the making thereof.

"That the agreement is a twofold contract, and has two parts independent of each other. 1st. A contract for the use and occupation of the land, or an executed parol lease, upon which the parties have acted, and which they have recognized. 2d. A...