Legal Opinion

Jones v. Perkins

U.S. Circuit Court for the District of Eastern Michigan

Decided March 12, 1896No. 3,433PublishedCited by 4 opinions

Bill by Minnie C. Jones against Frank G-. Perkins. The complainant sets forth in her bill: That she is now of the age of 38 years; and in the year 1866, while living with her mother in Branch county, in this state, at the request of one Barber Perkins, the father of the defendant, was taken into the family of said Perkins, who had recently lost a daughter of about the same age as complainant, upon the agreement by Perkins and his wife that complainant should take the place…

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Bill by Minnie C. Jones against Frank G-. Perkins. The complainant sets forth in her bill: That she is now of the age of 38 years; and in the year 1866, while living with her mother in Branch county, in this state, at the request of one Barber Perkins, the father of the defendant, was taken into the family of said Perkins, who had recently lost a daughter of about the same age as complainant, upon the agreement by Perkins and his wife that complainant should take the place in the family of the deceased daughter, and upon the assurance by said Barber Perkins that, “if your oratrix should…

1Opinion of the Court

SWAN, District Judge.

The theory of this bill is that the complainant is entitled to a specific performance of the contract it sets forth, and that equitably the defendant, who has succeeded to and received all the property of his deceased father, should be held to be a trustee for the complainant of one-half of the real and personal estate which he has received by descent. He appears to have been in the possession of the property in Indiana since the 27th day of December, 1887, and that in Michigan since the grant to him. of letters of administration by the probate court for the county of…

2Cases cited16 opinions

  1. Wood v. CarpenterSupreme Court of the United States · 1879
  2. Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
  3. Galliher v. CadwellSupreme Court of the United States · 1892
  4. Badger v. BadgerSupreme Court of the United States · 1865
  5. Godden v. KimmellSupreme Court of the United States · 1879

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3Cited by4 opinions

  1. Alexander v. Phillips Petroleum Co.Court of Appeals for the Tenth Circuit · 1942
  2. Baxter v. National Mortgage Loan Co.Nebraska Supreme Court · 1935
  3. General Electric Company v. Sciaky Bros., Inc.District Court, E.D. Michigan · 1960
  4. Stuart v. HollandU.S. Circuit Court for the District of Oregon · 1910

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