Munch v. Shabel
Michigan Supreme Court
Appeal from Bay. Specific Performance of a contract to convey lands. Schmidt, the complainant’s assignor, having a contract right to certain lands, transferred a part of them, Bose Young becoming the holder of his equities therein.
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Appeal from Bay. Specific Performance of a contract to convey lands. Schmidt, the complainant’s assignor, having a contract right to certain lands, transferred a part of them, Bose Young becoming the holder of his equities therein. He afterwards obtained from the legal owner of the whole a conveyance of the land to Shabel, who having advanced Schmidt money, took the deed as security and contracted to convey to him in two years, on certain conditions, such title as he should have then received. Schmidt, by way of clearing up the title, then obtained from Bose Young a quit-claim to Shabel of…
1Opinion of the CourtCampbell, J.
A bill was filed to obtain the conveyance of certain lands which defendant held under an arrangement by way of security, and which he had agreed in writing to reconvey to one Florent Schmidt, who assigned to complainant. A decree was made below in favor of complainant, and defendant appeals. Certain questions of practice are presented, which require preliminary attention.
The case was first heard on pleadings and proofs in June 1876. At or after this hearing the court allowed complainant to amend his bill, which he did by adding allegations explanatory of a transaction referred to in the…
2Cases cited3 opinions
- Slater v. BreeseMichigan Supreme Court · 1877
- Kellogg v. PutnamMichigan Supreme Court · 1863
- Jenny v. O'FlynnMichigan Supreme Court · 1858
3Cited by10 opinions
- Rust v. ConradMichigan Supreme Court · 1882
- Church v. HolcombMichigan Supreme Court · 1880
- Casserly v. Wayne Circuit JudgeMichigan Supreme Court · 1900
- Stevens v. DebarMichigan Supreme Court · 1924
- Cochran v. CochranWashington Supreme Court · 1921
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