Fitzsimons v. Foley
Michigan Supreme Court
Appeal from Houghton. (Williams, J.) Bill to declare a resulting trust in land, and for a conveyance, etc. Defendant appeals from a decree granting the relief prayed for. The facts are stated in the opinion.
1Opinion of the CourtMorse, J.
The bill in this cause was filed to obtain the title to the undivided two-thirds of a lot of land in the village of Red Jacket. The undisputed facts as to *520the purchase of this lot by the defendant, who holds the legal title, are these:
In 1884, the defendant, his brother John Foley, and Michael Smith, a brother-in-law to the Foleys, were co-partners in business under the firm name of Foley Bros. & Co. Susan G. McDonald owed the firm a debt of over $1,500. A judgment was obtained against her, execution levied on this lot, and the same sold and bid in, in thé name of the defendant, for the sum…
2Cited by2 opinions
- Falkner v. FalknerMichigan Court of Appeals · 1970
- Hoag v. PlaceMichigan Supreme Court · 1892