Legal Opinion

First National Bank v. Phillpotts

Michigan Supreme Court

Decided January 4, 1909No. Docket No. 84PublishedCited by 9 opinions

Appeal from Bay; Collins, J. Bill by the First National Bank of Durand against Walter Phillpotts and Mary Phillpotts for the partition of certain real estate. Defendants filed an answer in the nature of a cross-bill to set aside an execution, levy, and sale. From a decree for defendants, complainant appeals.

1Opinion of the CourtMontgomery, J.

This is a suit for partition of lands between complainant and defendant Walter Phillpotts, the defendant Mary Phillpotts being made a party because of her dower interest in the lands in question as widow of Harry Phillpotts. The lands consist of 320 acres in the township of Pinconning, Bay county. The facts necessary to an understanding of the case are these: The complainant on the 6th of June, 1904, obtained a judgment against Richard Phillpotts and others, and on the 25th of March, 1905, complainant caused a levy to be made upon the interest of Richard Phillpotts in and to the property…

2Cases cited7 opinions

  1. Kennedy v. NorthupIllinois Supreme Court · 1853
  2. Earle v. FiskeMassachusetts Supreme Judicial Court · 1870
  3. Robbins v. MooreIllinois Supreme Court · 1889
  4. Gary v. NewtonIllinois Supreme Court · 1903
  5. Gardner v. MasonMichigan Supreme Court · 1902

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Stamp v. SteeleMichigan Supreme Court · 1920
  2. In re Simon's EstateMichigan Supreme Court · 1909
  3. Schmidt v. SteinbachMichigan Supreme Court · 1916
  4. In Re Dow Corning Corp.United States Bankruptcy Court, E.D. Michigan · 1996
  5. Johnson v. CookMichigan Supreme Court · 1914

4 more not listed; retrieve them via the Exa API.

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