49 Mich. 83 | Mich. | 1882
Ejectment being brought to recover the-undivided five-sevenths of a certain farm occupied by defendant, two principal questions appear to have been, made on the trial: First, whether there had been any such denial of the right of the plaintiff as would entitle him to-institute suit against his co-tenant; and second, whether defendant’s father was not in joint possession with him so-as to be a necessary party.
The evidence bearing on the first question was clear and unquestioned, that defendant purchased what he supposed was the complete title some twelve years before the suit was instituted; that he paid what he called a full price for it; that he had occupied and cultivated it ever since, and. had never recognized the right of the plaintiff. It also-appeared that he was claiming the complete title by the-adverse possession, of himself and those through whom he derived his title. It is of no importance under such circumstances that defendant as a witness on the stand neither admits nor denies the right of the plaintiff. Public proclamation of denial could not be more pointed or decisive than, his conduct.
The case was once here before, and we then failed to discover evidence that the father claimed a right to occupy the land jointly with the defendant. 42 Mich. 104. On the. second trial an attempt has been made to give such evidence.. What is given fails to impress us as being either satisfactory or ingenuous. There is no doubt the defendant’s father-lives with him on his place, and has rooms in his house-which are perhaps occupied by him exclusively. It is: claimed that he also works on the farm, on all parts of it,, and that the crops are shared with Mm by agreement in the-proportion of one to two. Why this- is done, or on what agreement, the. parties are either unable or indisposed to> tell. The father let his son have $160 towards buying the' place, but whether he has a share of the crops as interest upon this, or for his labor, or for both together, nobody undertakes to say. What they do say is, that the father-claims a right to remain on the premises. ITe claims no'