93 Goodman et. al. (Kampshall v.) 189 H 112 Cook and Cook v. Commissioners 612 Halsey v. Hurd et. al................ 14 418 345 386 303 ...... 68 CIRCUIT COURT OF THE UNITED STATES. MICHIGAN-JUNE TERM, 1853. THE FARMERS' LOAN AND TRUST COMPANY OF NEW YORK, V. DOUGLASS MCKINNEY. If testimony be admitted without objection, and no motion is made to withdraw it from the jury, it will afford no ground for a new trial. Under a law of Michigan, a conveyance of land within it is valid, if the deed be executed in any other State, according to the laws of such State. Under a quit claim deed from one who has no title, a subsequently acquired title, will not enure to the benefit of the grantee. But under a warranty such a title would enure, by way of estoppel. A deed of quit claim made before, but acknowledged subsequently, to the date of the title of the grantor, would, under certain circumstances, be good. This, on the supposition that the transaction was bona-fide, the intention being to make a valid deed. When the first deed was made, the land may be presumed to have been paid for, to the government, the patent only being necessary to give the legal title. When the defendant against whom the judgment was entered, had no notice, and that appears from the proceeding, the judgment is a nullity. But where there was due notice, or an appearance of the defendant, no other error in the proceedings can make the judgment a nullity. Any other error may be ground for a reversal of the judgment, but it is not void. Mr. Clark for the plaintiff. |