Vyse v. Richards
Michigan Supreme Court
Appeal from Wayne; Hart (Burton L.), J., presiding. Bill by Charles Vyse and others against Mary A. Richards and another to impress a trust upon real estate and for an accounting. From an order overruling a motion to dismiss, defendants appeal.
1Opinion of the CourtFellows, J.
(after stating the facts). In this court it is urged on behalf of the defendants, and the questions raised by the motion to dismiss are: (1) that the cause of action is barred by the statute of limitations; and (2) that the decree in the case brought by the administrator of the estate of Charles L. Fish, deceased, against these defendants and Tillie A. Vyse is res adjudicata. Plaintiffs insist that these questions may not be raised on this record by motion to dismiss.
By section 4, chapter 14, Act No. 314, Pub. Acts 1915 (3 Comp. Laws 1915, § 12456), demurrers, pleas in abatement, and pleas to…
2Cases cited10 opinions
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