Bradway v. Miller
Michigan Supreme Court
Appeal from Oakland; Smith, J. Bill by Albert Bradway and another against Frank P. Miller for the foreclosure of a land contract. Defendant filed a cross-bill to rescind the contract and for an order for the return of thé amount paid thereon. From a decree for defendant, plaintiffs- appeal.
1Opinion of the CourtOstrander, C. J.
(after stating the facts). 1. Whether an abstract shows a title is a question of law. Lawyers may differ in opinion, but nevertheless the question when presented to a court must be answered as the applicable law requires. Therefore, an admission of counsel at the hearing, if one was made, that the title shown by the abstract was not marketable, while it would naturally affect the court and perhaps prevent further examination of the question by the court, is not one which would bind the court.
2. An agreement for a-title to be shown to be marketable by an abstract thereof is good. Lake Erie…
2Cases cited7 opinions
- Ogooshevitz v. ArnoldMichigan Supreme Court · 1917
- Lake Erie Land Co. v. ChilinskiMichigan Supreme Court · 1917
- Ford v. WrightMichigan Supreme Court · 1897
- Walker v. GillmanMichigan Supreme Court · 1901
- Schwartz v. WoodruffMichigan Supreme Court · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Theophelis v. Lansing General HospitalMichigan Supreme Court · 1988
- In Re Finlay EstateMichigan Supreme Court · 1988
- Pitcairn v. American Refrigerator Transit Co.Court of Appeals for the Eighth Circuit · 1939
- Plemmons v. Pevely Dairy Co.Missouri Court of Appeals · 1950
- Sarin v. Samaritan Health CenterMichigan Court of Appeals · 1989
8 more not listed; retrieve them via the Exa API.