Killackey v. Killackey
Michigan Supreme Court
Error to Chippewa; Steere, J. Ejectment by Margaret Killackey against Robert Killackey and others. Subsequently to the affirmance of a judgment for plaintiff she filed a declaration against Robert Killackey in the nature of statutory proceedings for the recovery of damages for withholding dower. Judgment for plaintiff. Defendant brings error.
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Error to Chippewa; Steere, J. Ejectment by Margaret Killackey against Robert Killackey and others. Subsequently to the affirmance of a judgment for plaintiff she filed a declaration against Robert Killackey in the nature of statutory proceedings for the recovery of damages for withholding dower. Judgment for plaintiff. Defendant brings error. This is a supplemental proceeding to recover mesne profits for the withholding of dower taken under the provisions of section 10988 et seq., 3 Comp. Laws. The action is prosecuted in accordance with the suggestion of this court in its opinion wherein it…
1Opinion of the CourtBrooke, J.
(after stating the facts). Defendant’s first contention is that plaintiff is not entitled to damages in this State for the withholding of dower in lands sold and conveyed by her husband prior to his death. The learned trial judge found, as a matter of fact, that the conveyance from James Killackey, Sr., to defendant was for a nominal consideration (the consideration mentioned in the deed was “ one dollar and other good and valuable consideration”). He found, as a matter of law, that, as between the widow (plaintiff) and this defendant, James Killackey, Sr., is to be regarded as having died…
2Cases cited2 opinions
- Brown v. BronsonMichigan Supreme Court · 1877
- Rea v. ReaMichigan Supreme Court · 1886
3Cited by2 opinions
- Noah v. NoahMichigan Supreme Court · 1929
- In Re Stroh EstateMichigan Court of Appeals · 1986