Jones v. Tyler
Michigan Supreme Court
Appeal from St. Joseph Circuit in Chancery. The bill of complaint avers: That one Job Tyler, in 1841 or 1842, in consideration of love and affection, gave his son, De Witt C. Tyler, in fee, certain premises described therein: That pursuant to said gift, De Witt went into possession of the premises, and made large improvements thereon, and finally died in possession thereof in the year 1850, leaving the complainants his widow and heir - at-law: That Job Tyler is since…
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Appeal from St. Joseph Circuit in Chancery. The bill of complaint avers: That one Job Tyler, in 1841 or 1842, in consideration of love and affection, gave his son, De Witt C. Tyler, in fee, certain premises described therein: That pursuant to said gift, De Witt went into possession of the premises, and made large improvements thereon, and finally died in possession thereof in the year 1850, leaving the complainants his widow and heir - at-law: That Job Tyler is since deceased: That said Job Tyler frequently promised to execute, and intended to execute, a deed of said premises to De Witt, and…
1Opinion of the Court
Martin Ch. J.:
There is no evidence in this case elearly establishing the fact that Job Tyler ever gave, or agreed to convey, the property in question to Ms son De Witt. That he sold it, there is no pretence. As against the widow and heirs •of Job Tyler, a decree for a conveyance would be made •only on the most conclusive proof of the gift, and of some satisfactory reason why it was not consummated by a conveyance, even if upon the case made by the bill relief would, in any case, be granted. The statements of Job Tyler which are relied upon to sustain the complainants’ case, are loose,…
2Cited by8 opinions
- Harrison v. HarrisonWest Virginia Supreme Court · 1892
- Lamb v. HinmanMichigan Supreme Court · 1880
- Howell v. EllsberrySupreme Court of Georgia · 1888
- Freda v. TishbeinMichigan Supreme Court · 1913
- Sallan Jewelry Co. v. BirdMichigan Supreme Court · 1927
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