Legal Opinion

Brownell Realty, Inc v. Kelly

Michigan Court of Appeals

Decided February 17, 1981No. Docket 46810PublishedCited by 10 opinions

1Opinion of the CourtAllen, P.J.

The question presented is whether the assignee of a creditor who has obtained a judgment setting aside a fraudulent conveyance of real estate as to such creditor can, to the extent necessary to satisfy his claim, obtain good title by quitclaim deed from the fraudulent grantor of such real estate in lieu of an execution sale of the property? The facts in this case are straightforward and uncontested, leaving a question of law for our determination: Who has title to a certain parcel of land in Emmet County, Michigan, the assignee of a judgment creditor of the grantor-debtor or the grantee of…

2Cases cited25 opinions

  1. Jackson v. ClevelandMichigan Supreme Court · 1866
  2. McCaslin v. SchoutenMichigan Supreme Court · 1940
  3. Trask v. GreenMichigan Supreme Court · 1861
  4. Morse v. RoachMichigan Supreme Court · 1924
  5. Simon v. SorrentinoSuperior Court of Pennsylvania · 1941

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3Cited by10 opinions

  1. Richards v. TibaldiMichigan Court of Appeals · 2007
  2. Lavean v. CowelsDistrict Court, W.D. Michigan · 1993
  3. Schumacher v. TidswellMichigan Court of Appeals · 1984
  4. Quinlan Investment Co. v. THE MEEHAN COMPANIES, INC.Michigan Court of Appeals · 1988
  5. In Re Mezo EstateMichigan Court of Appeals · 1985

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