Covell v. Cole
Michigan Supreme Court
Appeal in Chancery from Kent Circuit. The bill in this cause was filed to enforce the specific performance of a contract for the sale of certain lands. A demurrer to the bill was filed by the two principal defendants, and which was overruled. The bill was taken as confessed, as to the remainder of defendants.
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Appeal in Chancery from Kent Circuit. The bill in this cause was filed to enforce the specific performance of a contract for the sale of certain lands. A demurrer to the bill was filed by the two principal defendants, and which was overruled. The bill was taken as confessed, as to the remainder of defendants. The court below rendered.a decree that defendant convey to complainant an undivided two-thirds of the premises contracted for, and that they procure for him a perfect title for the remaining one-third. The facts are stated in the opinion.
1Opinion of the Court
Campbell J.
Complainant filed his bill for specific performance of a contract made by the defendants Cole and Moseley, to convey certain property at Grand Rapids to himself and one Rogers, who has assigned his interest to complainant. The bill was taken as confessed.
The case made, is in substance that Cole and Moseley agreed to make title to the premises as soon as possible, and within a specified time deliver up possession. It was then supposed the only thing required to make the title perfect was the probate of a will, under which defendants had *226received an executors’ deed. It afterwards…
2Cited by10 opinions
- Ormsby v. GrahamSupreme Court of Iowa · 1904
- Wright v. KaynorMichigan Supreme Court · 1907
- Lesisko v. StaffordMichigan Supreme Court · 1940
- Messenger v. PeterMichigan Supreme Court · 1901
- Puffer v. ClarkMichigan Supreme Court · 1918
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