Luttermoser v. Zeuner
Michigan Supreme Court
Error to Wayne; Carpenter, J. Assumpsit by Otto L. Luttermoser, executor of the last will and testament of Johanna Rebecca Zeuner, deceased, against Carl Frederick- Zeuner; surviving husband of decedent, to recover the latter’s share of the proceeds of a mortgage executed to defendant and decedent jointly. From a judgment for plaintiff on verdict directed by the court, defendant brings error.
1Opinion of the CourtLong, C. J.
The plaintiff is the executor of the last will of Johanna Rebecca Zeuner, deceased. This action is brought by him as such executor to recover from the defendant one-half of certain moneys which defendant received from the Fairview Land Company upon a certain mortgage which was made by said company *187to defendant and his wife, Mrs. Zeuner. The lands upon which the mortgage was given were sold by defendant. The record is not clear as to whether the title was in defendant alone or in him and his wife, but the mortgage was given to them in their joint names. During the life of Mrs. Zeuner, certain…
2Cases cited2 opinions
- In Re the Final Accounting of Executors of AlbrechtNew York Court of Appeals · 1892
- Wait v. BoveeMichigan Supreme Court · 1877
3Cited by13 opinions
- In re BerryDistrict Court, E.D. Michigan · 1917
- Lober v. DorganMichigan Supreme Court · 1921
- Ludwig v. BrunerMichigan Supreme Court · 1918
- Hart v. HartMichigan Supreme Court · 1918
- Robinson v. CommissionerUnited States Board of Tax Appeals · 1931
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