Tong v. Marvin
Michigan Supreme Court
Appeal from Huron Circuit in Chancery. The bill in this cause was filed by complainant, through her next friend, against her guardian, Lucius Marvin and other defendants, charging fraud in the sale of certain real estate, and praying that the same might be set aside.
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Appeal from Huron Circuit in Chancery. The bill in this cause was filed by complainant, through her next friend, against her guardian, Lucius Marvin and other defendants, charging fraud in the sale of certain real estate, and praying that the same might be set aside. The bill also prayed that a certain deed of the premises obtained from her father by the purchaser at a certain guardian sale through fraudulent representations might be set aside", and the title thereto declared to be vested in her. Defendants demurred to the bill. The demurrer was sustained, and the bill dismissed. The facts…
1Opinion of the Court
Cooley J.
The demurrer in this case is supposed to be 'sustainable on two grounds: 1. That the bill, in charging fraud, merely sets forth conclusions, without giving such facts as would warrant the conclusions: 2. That even admitting the case made by the bill to be true, the complainant is not entitled to relief, inasmuch as the outstanding life estate of Proctor Tong, as tenant by the curtesy, has become vested in the defendants by means of the quit claim deed to Daniel Marvin.
The bill, in order to show fraud, recites the following facts: That the mother of complainant, being seized of the…
2Cases cited14 opinions
- Dash v. Van KleeckNew York Supreme Court · 1811
- Thurber & Stevenson v. Townsend & WilburNew York Court of Appeals · 1860
- Billings v. BakerNew York Supreme Court · 1858
- Van Duzer v. Van DuzerNew York Court of Chancery · 1837
- Clark v. ClarkNew York Supreme Court · 1857
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- City of Detroit v. WeberMichigan Supreme Court · 1873
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