42 Mich. 497 | Mich. | 1880
Tliis was a summary proceeding commenced before the judge of probate to recover the possession of eighty acres of land. Comp. L., ch. 211. The defendant in error, who was complainant, obtained judgment, and Mrs. McGuffie appealed. The action was tried in the circuit court without a jury,- and the complainant again recovered. She then brought error.
It appears from the finding that Carter, the complainant, on the 15th of April, 1878, at a foreclosure sale in a cause in chancery between one Cynthia Hobart, complainant, and Mrs. McGuffie, defendant, became the purchaser of the premises in question, and that the sale was duly confirmed and carried out by conveyance; that Mrs. McGuffie was then and for some time previous had been in possession, and that shortly after such conveyance it was agreed between herself and Carter that she
He commenced this action on duly 3d, 1879, and Mrs. McGuffie was then in possession. The question in the ease, is whether it was competent for her to resist the claim of Carter by showing his conveyance. The circuit judge was of opinion that she was bound to give possession to him on his request and was estopped from showing the change of title.
I am not able to concur in this view. The genera] doctrine is not questioned. The rule is familiar that both ■ tenants and those in privity, either in blood or estate, are estopped from disputing the title of the landlord or the title of any one who succeeds to his rights, so long as they hold the possession originally derived from him. But this principle does not forbid the tenant from showing that the landlord’s title has expired or has been extinguished by his own act or by operation of law. Lamson v. Clarkson, 113 Mass., 348; Fuller v. Sweet, 30 Mich., 237; Hilbourn v. Fogg, 99 Mass., 11; Bespard v. Walbridge, 15 N. Y., 374; Mountnoy v. Collier, 1 El. & Bl., 630: 16 E. L. & E., 232.
It is an indispensable condition'in this kind of action that the complainant is lawfully entitled to the possession, and unless he shows himself to be so, the jurisdiction fails (Bryan v. Smith, 10 Mich., 229), and the authorities holding that one who has succeeded by grant to the estate and right' of the landlord can maintain the
According to the facts in the record it was competent
I think the judgment should be reversed with costs- and a new trial granted.