Thomas v. Nicolls
Michigan Supreme Court
Appeal from St. Joseph; Knowlen, J. Bill by Caroline Thomas and others against George Nicolls and another for the cancellation of certain deeds. From an order overruling a demurrer to the amended answer and cross-bill, complainants appeal.
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Appeal from St. Joseph; Knowlen, J. Bill by Caroline Thomas and others against George Nicolls and another for the cancellation of certain deeds. From an order overruling a demurrer to the amended answer and cross-bill, complainants appeal. On March 3, 1912, Lydia M. Beard died, leaving as her only heirs at law complainant Caroline Thomas, a sister, Mary J. Robinson, a sister, William H. Nicolls, a brother, George Nicolls, defendant, a brother, and Fred J. Phillips, complainant, a nephew. At the time of her death Mrs. Beard was seised of a farm of 120 acres, of the value of $6,000, and a house…
1Opinion of the CourtBrooke, J.
(after stating the facts). On behalf of appellants it is urged: First, that the proper parties are not in court. It is their contention that the issues sought to be raised by the cross-bill is one between the defendants and the estate of Lydia M. Beard, and that the estate is not before the court. While technically this is true, all the parties interested in the estate are in court, the defendants owning three-fifths of the real estate and the complainants owning two-fifths thereof. We think this contention without force.
*494It is next urged that, inasmuch as defendants in their original answer…
2Cases cited5 opinions
- Powell v. PennockMichigan Supreme Court · 1914
- Brooks v. HargraveMichigan Supreme Court · 1914
- McManus v. City of PetoskeyMichigan Supreme Court · 1911
- Barras v. YoungsMichigan Supreme Court · 1915
- Village of Trenton v. RuckerMichigan Supreme Court · 1910
3Cited by2 opinions
- Hannan v. FreundMichigan Supreme Court · 1926
- Moore v. ProvostMichigan Supreme Court · 1919