Daily v. Litchfield
Michigan Supreme Court
Appeal from Cass Circuit in Chancery. Dennis and Patrick Daily filed their bill of complaint against Liba L. and Sarah Litchfield, setting forth, that ■on August 29, 2856, said Liba L. Litchfield was possessed of thirty-eight 'acres of land in Cass county, which on that day he agreed to exchange with complainants for the same-quantity of land owned by them in fee simple-, and for that purpose they entered into a contract with said Liba L. Litchfield, of which the following…
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Appeal from Cass Circuit in Chancery. Dennis and Patrick Daily filed their bill of complaint against Liba L. and Sarah Litchfield, setting forth, that ■on August 29, 2856, said Liba L. Litchfield was possessed of thirty-eight 'acres of land in Cass county, which on that day he agreed to exchange with complainants for the same-quantity of land owned by them in fee simple-, and for that purpose they entered into a contract with said Liba L. Litchfield, of which the following is a copy: “This contract, entered into this twenty-ninth day of August, 3 856, by and between Liba L. Litchfield, of the…
1Opinion of the Court
Chbistiancy J.:
The demurrer of Sarah Litchfield was not well taken. She and her husband were both necessary parties to the ease made by the bill; the husband, as the party to the contract, and the wife by wrongfully taking a conveyance to herself of the land which by the contract was to be conveyed to complainants.
The demurrer of Liba Litchfield was also properly overruled. He assigns six distinct causes of demurrer, which, without repeating them, may be answered in their order.
1. The bill alleges the land to be owned by complainants in fee simple. This is a sufficient averment of title,…
2Cases cited2 opinions
- Jaquith v. HudsonMichigan Supreme Court · 1858
- Dwight v. CutlerMichigan Supreme Court · 1855
3Cited by34 opinions
- Rothenberg v. FollmanMichigan Court of Appeals · 1969
- Morse v. RathburnSupreme Court of Missouri · 1868
- Nichols v. SeaksMichigan Supreme Court · 1941
- Richmond v. RobinsonMichigan Supreme Court · 1864
- Carter v. StromSupreme Court of Minnesota · 1889
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