Legal Opinion

Culy v. Upham

Michigan Supreme Court

Decided December 1, 1903No. Docket No. 47PublishedCited by 29 opinions

Appeal from Gratiot; Stone, J. Bill by Stephen Culy and others against Hannah M. Upham to set aside a deed. The case was heard, in pursuance of a stipulation, upon pleadings. From a decree for complainants, defendant appeals.

1Opinion of the CourtCarpenter, J.

William Culy died August 27, 1901. On the 1st of the preceding June he executed a deed *132of the land in controversy to his daughter, the defendant. This suit is brought by his other heirs at law to set aside-said deed on the ground that the grantor, at the time of' its execution, was mentally incompetent, that its execution was procured by undue influence, and that the deed was never delivered. When the case came on for hearing, the trial court was of the opinion that the recitals in the deed itself, together with the statements in the answer, proved that the title did not vest in the grantee…

2Cases cited7 opinions

  1. Thatcher v. Wardens & Vestrymen of St. Andrew's ChurchMichigan Supreme Court · 1877
  2. Taft v. TaftMichigan Supreme Court · 1886
  3. Wallace v. HarrisMichigan Supreme Court · 1875
  4. Latham v. UdellMichigan Supreme Court · 1878
  5. Hosley v. HolmesMichigan Supreme Court · 1873

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3Cited by29 opinions

  1. Nolan v. OtneySupreme Court of Kansas · 1907
  2. Transamerican Freight Lines, Inc. v. QuimbyMichigan Supreme Court · 1968
  3. R. R. Improvement Ass'n v. ThomasMichigan Supreme Court · 1965
  4. Gibson v. DymonMichigan Supreme Court · 1937
  5. Falkner v. BrookfieldMichigan Supreme Court · 1962

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