Leser v. Smith
Michigan Supreme Court
Appeal from Bay; Houghton (Samuel G.), J. Bill by Edward W. Leser ágainst David T. Smith and others to set aside an exchange of real estate on the ground of fraud. From a decree for plaintiff, defendants appeal.
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Appeal from Bay; Houghton (Samuel G.), J. Bill by Edward W. Leser ágainst David T. Smith and others to set aside an exchange of real estate on the ground of fraud. From a decree for plaintiff, defendants appeal. Plaintiff was owner of a store building in Bay City in which he conducted a grocery and meat business. •Defendant Smith is a doctor residing at Omer; he owned an 80-acre farm in Au Gres township, Arenac county, hereafter called the “Smith 80.” Defendant Burnside is a hardware merchant at Turner and owned an 80 adjoining the Smith 80. It will hereafter be called the “Burnside 80.” The…
1Opinion of the CourtFellows, J.
(after staling the facts). This court hears chancery cases de novo, aided but not controlled by the findings of fact of the trial judge, who may in turn be aided but not controlled by the findings of a jury on pure questions of fact. In the case of Brown v. Kalamazoo Circuit Judge, 75 Mich. 274 (5 L. R. A. *562226, 13 Am. St. Rep. 438), this court in holding an act invalid which provided for a trial by jury in chancery cases as matter of right, and making the verdict a finality, pointed out quite fully the rights of party litigants in equity cases. It was there said:
“The right to have equity…
2Cases cited1 opinion
- Brown v. BuckMichigan Supreme Court · 1889
3Cited by8 opinions
- Abner A. Wolf, Inc. v. WalchMichigan Supreme Court · 1971
- White v. BurkhardtMichigan Supreme Court · 1953
- Leser v. SmithMichigan Supreme Court · 1922
- Hilliker v. Jewel Oil & Gas Co.Michigan Supreme Court · 1936
- Van Dyk Mortgage Corp. v. United StatesDistrict Court, W.D. Michigan · 2007
3 more not listed; retrieve them via the Exa API.