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Damouth v. Klock

Emily Damouth and others v. Mary Klock and others

Damouth v. Klock, 28 Mich. 163 (1873)
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Court
Michigan Supreme Court · State Highest Courts
Decided
October 17, 1873
Citations
28 Mich. 1631873 Mich. LEXIS 173
Headnotes
Partition: Decree: Final order: Appeal. A decree in a partition suit which fixes the respective rights of the parties, although it contains an order of reference to take an accounting as to rents and profit0, and to ascertain whether an actual partition is practicable, or whether a sale and distribution of proceeds is necessary, is such a final order or decree as is appealable under our statute.
Summary
Appeal in Chancery from Barry Circuit. This was a bill for partition, and the decree appealed from was one establishing the title to the lands described, and fixing the respective rights of the parties; but it also ordered a reference to take an accounting as to rents and profits, etc., and to ascertain whether an actual partition was feasible, or whether, in lieu thereof,.a sale of the lands and a distribution of the proceeds would be more advantageous to the parties.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

The Court

held that the order or decree was final, and appealable under our statute.

Motion denied, with costs.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1877–1878: 11885–1886: 11891–1892: 11903–1904: 11919–1920: 11921–1922: 118772026peak 1877 · 1

Relies on it most ⓘ

  1. Wells v. Shriver1921 OK 122, 197 P. 460
  2. Camp Phosphate Co. v. Anderson48 Fla. 226 (1904)
  3. Smith v. Walker57 Mich. 456 (1885)
  4. Brown v. Bronson35 Mich. 415 (1877)
  5. National Brake & Electric Co. v. Christensen258 F. 880 (7th Cir. 1919)
  6. Webber v. Randall50 N.W. 877 (Mich. 1891)

Most recent

  1. Wells v. Shriver1921 OK 122, 197 P. 460
  2. National Brake & Electric Co. v. Christensen258 F. 880 (7th Cir. 1919)
  3. Camp Phosphate Co. v. Anderson48 Fla. 226 (1904)
  4. Webber v. Randall50 N.W. 877 (Mich. 1891)
  5. Smith v. Walker57 Mich. 456 (1885)
  6. Brown v. Bronson35 Mich. 415 (1877)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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