37 Mich. 440 | Mich. | 1877
The question raised comes up upon a case made from the Kent circuit. Plaintiff brought ejectment, claiming in fee an undivided one-fifth of the' premises described. The defendant pleaded the general issue, and filed therewith a claim in writing under §§ 6252 and 6253 of the Compiled Laws as amended by act No. 180, p. 207 of the Session Laws of 1875, to recover the value of certain improvements made by him, and which consisted in clearing the land, fencing and ditching the same and in the removal of stumps.
The counsel for the plaintiff, to maintain and prove the issue on his part, gave in evidence to show that Michael Cusick died on or about the 7th day of January, 1864, intestate, leaving no wife, children, father or mother; that his sole and '"only heirs at law were Martin Cusick, his
And the said defendant, to maintain and prove the issue on his part, offered to show in evidence that in the year 1864, and more than six years before the commencement of this suit, and after the death of said Michael Cusick, the .said defendant entered into the possession of the land in question, and remained in the actual and peaceable possession thereof until the year 1876, and made prior to the demand of the said plaintiff for the possession of her share as heir at law valuable improvements, as already stated.
Counsel for plaintiff objected to the evidence offered to show improvements made for the reason, second, because the possession of the defendant was not adverse to the plaintiff until demand and ouster, but that he was a tenant in common with said plaintiff, and the statute under which the proposed proof is offered does not apply to such ease of tenants in common. This objection the court sustained, and thus arises the only question in the case.
This section, as it now stands', is broad and general, and at first reading would seem to include and embrace all classes and cases in ejectment. Taken as it reads, literally, and it would allow the defendant in this case, to the full extent that such improvements have increased the present value of the premises, even although the plaintiff claims and recovers only an undivided one-fifth. So that if the defendant had not previously purchased the interest of some of the other heirs in and to these premises, and they severally had brought ejectment to recover, each one-fifth, upon the theory of this case, the defendant in each separate case would have recovered the increased value of the premises on account of such improvements, and yet have retained an undivided one-fifth interest in the premises and improvements.
The bare statement of such a result shows that the statute cannot receive the construction which its general language would at first blush seem to warrant. It is evident to my mind that the framers of this statute did not, and that the Legislature in enacting it, did not contemplate a case like the present, and others somewhat similar in character, all of which might be considered exceptional on account of the peculiar relations existing between the parties, and their legal rights, duties and liabilities arising therefrom. Any attempt on our part to constru'e this statute to meet
As there was no error in the ruling, the judgment must, be affirmed with costs, and the record remanded for farther proceedings.