Public-domain · open source
OpenJurist

149 Mich. 443

Starkweather v. Chatfield

Michigan Supreme Court

Decided September 20, 1907

Michigan Supreme Court · decided 1907-09-20

Bill by Ira Starkweather and others against Willis Chatfield, drain commissioner of Lenawee county, to restrain the construction of a drain. From a decree dismissing the bill, complainants appeal.

Cited by 5 later decisions — most recently July 1918

5 state decisions

Relies on Bowen v. Lansing · Fitzhugh v. Maxwell · City of Marquette v. Michigan Iron & Land Co.

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1907-09-20

View the full empirical analysis of this case →

Ostrander, J.

¶1Eleven persons signed the application *444for the drain (2 Comp. Laws, § 4319), ten of them being freeholders if the vendee in a land contract, in possession, is a freeholder. At the common law (1 Bouvier’s Dictionary, p. 693, tit., Estate of Freehold) and by statute (3 Comp. Laws, § 8787) estates of inheritance are freehold estates. The estate of the vendee in a land contract, in possession, is an estate of inheritance. Wing v. McDowell, Walk. Ch. (Mich.) 175; House v. Dexter, 9 Mich. 246; Fitzhugh v. Maxwell, 34 Mich. 138; Bowen v. Lansing, 129 Mich. 117 (57 L. R. A. 643). See, also, City of Marquette v. Land Co., 132 Mich. 130.

¶2The decree is affirmed, with costs to defendant.

Carpenter, Grant, Blair, and Montgomery, JJ., concurred.
/149/mich/443 · .json · Public domain