Atkinson v. Schell
Michigan Supreme Court
Appeal from Sanilac; Beach, J. Bill by Mary G. Atkinson against Augustine R. Schell and others to set aside a deed. From a decree dismissing the bill and quieting title in defendants, complainant appeals. Complainant and her brother, Frederick J. Fitzgerald, are the sole heirs at law of one James M. Fitzgerald. Frederick J. Fitzgerald has deeded his interest in the lands in question to complainant.
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Appeal from Sanilac; Beach, J. Bill by Mary G. Atkinson against Augustine R. Schell and others to set aside a deed. From a decree dismissing the bill and quieting title in defendants, complainant appeals. Complainant and her brother, Frederick J. Fitzgerald, are the sole heirs at law of one James M. Fitzgerald. Frederick J. Fitzgerald has deeded his interest in the lands in question to complainant. Defendants are, respectively, nephew and nieces of said James M. Fitzgerald, being children of Catherine Schell, his sister. About the year 1867, Fitzgerald settled in Sanilac county with his wife…
1Opinion of the CourtBrooke, J.
(after stating the facts). We are quite satisfied, after a careful reading of the entire record, that Fitzgerald’s occupancy of the farm in question, and his exercise of dominion thereover, was in recognition of and not adverse to the title in his sister, Mrs. Schell. He had caused the deed to be made to her in the first instance, after having the mortgage run in her name, because he wanted to provide for her, and the record shows he thereafter expressed satisfaction by reason of having made this provision. His relations with her during his long life appear to have been more than usually…
2Cases cited5 opinions
- Andrews v. KibbeeMichigan Supreme Court · 1863
- Hackley v. MackMichigan Supreme Court · 1886
- McGuire v. Circuit JudgeMichigan Supreme Court · 1888
- Griffin v. GriffinMichigan Supreme Court · 1898
- Coach v. AdsitMichigan Supreme Court · 1893