Legal Opinion

Converse v. Barnard

Michigan Supreme Court

Decided October 25, 1897PublishedCited by 2 opinions

Appeal from Kent; Adsit, J. Bill by Costello C. Converse, administrator of the estate of James W. Converse, deceased, against Bertram W. Barnard and Mary J. Barnard, to foreclose a land contract and a contract supplemental thereto. There was a decree for complainant, and a sale made, after which, before confirmation, Mary J. Barnard petitioned for leave to file a bill of review. From an order denying the petition, she appeals.

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Appeal from Kent; Adsit, J. Bill by Costello C. Converse, administrator of the estate of James W. Converse, deceased, against Bertram W. Barnard and Mary J. Barnard, to foreclose a land contract and a contract supplemental thereto. There was a decree for complainant, and a sale made, after which, before confirmation, Mary J. Barnard petitioned for leave to file a bill of review. From an order denying the petition, she appeals. The bill in this case was filed to foreclose a land contract executed by the deceased, James W. Converse, to the defendant Bertram W. Barnard, dated September 24, 1885,…

1Opinion of the CourtGrant, J.

(after stating the facts). The very questions which Mrs. Barnard now seeks to raise were raised in her behalf by her solicitor of record by her demurrer and answer, and were passed upon by the court. She cannot now be heard to say that she had no opportunity for defense, and that she did not authorize the employment of Mr. Walker. But, upon the merits, her claim is unconscionable; utterly devoid of either equity or justice. It is conceded that the money was advanced by Mr. Converse, and used for the sole purpose of establishing a homestead. Whether Mr. Converse so understood, it does not…

2Cases cited1 opinion

  1. Fournier v. ChisholmMichigan Supreme Court · 1881

3Cited by2 opinions

  1. Linn v. LinnMichigan Supreme Court · 1899
  2. Lane v. HolmesMichigan Supreme Court · 1924

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