Brown v. Brown
Michigan Supreme Court
Appeal from Chippewa; Fead, J. Petition by David Brown against Hugh Brown for the payment to plaintiff of money,in the hands of a receiver. From a decree for defendant, petitioner appeals. In the year 1903, plaintiff, who was the owner of a large farm, entered into a contract with the defendant for its sale.
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Appeal from Chippewa; Fead, J. Petition by David Brown against Hugh Brown for the payment to plaintiff of money,in the hands of a receiver. From a decree for defendant, petitioner appeals. In the year 1903, plaintiff, who was the owner of a large farm, entered into a contract with the defendant for its sale. The contract is very full and explicit and provides among other things: “And it is further expressly agreed that, in case this contract is declared void as aforesaid, said party of the second part shall at once become a tenant of said premises under said first party, * * * and said second…
1Opinion of the CourtBrooke, J.
(after stating the facts). It is entirely apparent from a perusal of this record that after April 1,1913, defendant continued in possession of the farm without shadow of right. In his opinion herein the learned circuit judge says:
“Defendant's financial condition, his evident desire to prevent complainant and Godfrey having the use of the farm as long as he could prevent it, after having agreed to deliver possession on January 1st, the fact he was holding, not by virtue of the original contract, nor with a claim of right, but as a ‘strong arm’ measure to compel complainant, in order to save…
2Cases cited9 opinions
- Wadge v. KittlesonNorth Dakota Supreme Court · 1903
- Eberts v. FisherMichigan Supreme Court · 1880
- Alexander v. HodgesMichigan Supreme Court · 1879
- Crotty v. CollinsIllinois Supreme Court · 1852
- Heilwig v. NybeckMichigan Supreme Court · 1914
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