Legal Opinion

Clark v. Clark

Michigan Supreme Court

Decided October 27, 1903No. Docket No. 11PublishedCited by 3 opinions

Appeal from Washtenaw; Kinne, J. Bill by Albert M. Clark against Arthur S. Clark, Jennie E. Clark, and Gideon L. Hoyt, trustee, for a partition. From a decree denying the claim of defendants Clark for a special allowance from the proceeds of the sale, they appeal.

1Opinion of the CourtCarpenter, J.

This is a suit to partition a house and lot, which complainant and defendant, who are brothers, own as tenants in common. The decree of the lower court ordered the property to be sold, and the proceeds of sale divided. Defendant claims compensation, out of these proceeds, for the reasonable worth of caring for and maintaining for many years the aged mother of complainant and himself. The trial court disallowed said claim, and the correctness of this decision is the sole question raised by this appeal.

We think the claim was properly disallowed. The testimony clearly proves, as found by the…

2Cases cited1 opinion

  1. Rorabacher v. LeeMichigan Supreme Court · 1867

3Cited by3 opinions

  1. Smith v. ThompsonMichigan Supreme Court · 1930
  2. Palmer v. BrayMichigan Supreme Court · 1904
  3. Preston v. PrestonMichigan Supreme Court · 1919

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