Williams v. Rice
Michigan Supreme Court
Appeal from Kent. (Montgomery, J.) Complainant filed a bill to establish a vendor’s lien and foreclose the same as a mortgage. Defendant appeals. The facts are stated in the opinion. How. Stat. § 5569, does not apply to this case.
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Appeal from Kent. (Montgomery, J.) Complainant filed a bill to establish a vendor’s lien and foreclose the same as a mortgage. Defendant appeals. The facts are stated in the opinion. How. Stat. § 5569, does not apply to this case. Counsel cite the following authorities in support of this proposition : Fisher v. Fobes, 22 Mich. 454; Linsley v. Sinclair, 24 Mich. 380, 381; Ransom v. Ransom, 31 Mich. 301; Merrill v. Allen, 38 Mich. 487 ; Hiscock v. Norton, 42 Mich. 320-4-5 ; Byrne v. Rood, 54 Mich. 67 ; 4 Kent’s Com. p. 152 ; Story Eq. § 1217, 1218, 1219, 1255, 1260 ; Boyd v. McLean, 1 Johns.…
1Opinion of the CourtSherwood, J.
The bill of complaint in this cause is filed to establish a lien upon a house and lot in the city of Grand Rapids, and foreclose the same as a mortgage, said lien being for the purchase money of the property.
The circumstances out of which the transaction arose, were substantially as follows:
The complainant is an old man about 68 years of age, and feeble. The defendant is a divorced lady about 35 years of age.
Previous to 1882, the complainant had lived alone for about 18 years, was poor, and earned his living mainly by his own labor. The record shows him to be a man of good intelligence, and…
2Cited by4 opinions
- Baker v. BakerAppellate Court of Illinois · 1955
- Holder v. Volusia County Bank & Trust Co.Supreme Court of Florida · 1928
- Miller, Admr. v. Miller, Admx.Indiana Court of Appeals · 1926
- Boucek v. PondelicekAppellate Court of Illinois · 1930