Van Vleet v. Blackwood

• Decision Date: 21 January 1876
• Citation: 33 Mich. 334
• Court: Michigan Supreme Court
• Parties: Peter P. Van Vleet v. Robert Blackwood. [1]

33 Mich. 334

Peter P. Van Vleet v. Robert Blackwood. ^[1]

Supreme Court of Michigan

January 21, 1876

Submitted on Briefs January 14, 1876

Error to Lenawee Circuit.

This was ejectment brought by Blackwood, who claimed title by virtue of a mortgage dated May 27, 1837, given by one Miller, then owner of the land, to one Adee.

Case reversed.

Stacy & Underwood, for plaintiff in error.

Walker & Weaver, for defendant in error.

OPINION

Per Curiam:

This case will be reversed on the ground that the plaintiff below showed no title to the mortgage. He claimed under an assignment from Adee which recited a previous assignment to another person; which, in other words, admitted that the assignor had no title to assign. True, it says the prior assignment was made to Samuel Blackwood under whom the plaintiff claimed; but this was no evidence of that fact. Adee could admit title out of himself, but he could not admit title into any other.

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Notes:

^[1]Case before supreme court again, and reported in 39 Mich. 728, where the decisive question is the effect of the lapse of time on the right to bring the action.

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