Ludwig v. Bruner
Michigan Supreme Court
Appeal from Kalamazoo; Weimer, J. Bill by Samuel D. Ludwig against Henry W. Bruner, executor of the last will of Sarah E. Ludwig, deceased, to determine the title to a certificate of deposit and a mortgage. Defendant filed a cross-bill for an accounting. From a decree for defendant, plaintiff appeals. On October 9, 1883, plaintiff purchased a farm in St. Joseph county, Michigan, taking title thereto in his own name.
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Appeal from Kalamazoo; Weimer, J. Bill by Samuel D. Ludwig against Henry W. Bruner, executor of the last will of Sarah E. Ludwig, deceased, to determine the title to a certificate of deposit and a mortgage. Defendant filed a cross-bill for an accounting. From a decree for defendant, plaintiff appeals. On October 9, 1883, plaintiff purchased a farm in St. Joseph county, Michigan, taking title thereto in his own name. On January 17, 1885, the title to said farm was placed in “Samuel Ludwig & Sarah E. Ludwig, husband and wife, as joint tenants.” At the time, the title to the farm was placed in…
1DissentBird, J.
{dissenting). I am in accord with 'Mr. Justice Fellows’ conclusion in this case that the certificate of deposit is the sole property of the plaintiff, but I am unable to subscribe to his conclusion that plaintiff owns only an undivided half of the mortgage. It is my opinion that upon the death of his wife the plaintiff, as survivor, became the sole owner of both the bank deposit and mortgage.
The common law recognized joint tenancy in both real' and personal property. 1 Cooley’s Blackstone (4th Ed.), pp. 180, 399. At common law when a conveyance was made of either real or personal property to…
2Cases cited7 opinions
- Equitable Loan & Security Co. v. WaringSupreme Court of Georgia · 1903
- Bloss v. SchreiterMichigan Supreme Court · 1917
- Wait v. BoveeMichigan Supreme Court · 1877
- Negaunee National Bank v. Le BeauMichigan Supreme Court · 1917
- Taylor v. . SmithSupreme Court of North Carolina · 1895
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