Kunze v. Solomon
Michigan Supreme Court
Appeal from Iosco; Simpson, J. Bill by Emil E. Kunze against Anna Solomon to remove a cloud from title. From a decree for complainant, defendant appeals. In August, 1893, the executors of the will of William E. Dodge and one Merrick executed a land contract by which they agreed to sell to Merrick the land in question. Merrick failed to make the payments, and on September 15, 1894, assigned his contract to complainant.
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Appeal from Iosco; Simpson, J. Bill by Emil E. Kunze against Anna Solomon to remove a cloud from title. From a decree for complainant, defendant appeals. In August, 1893, the executors of the will of William E. Dodge and one Merrick executed a land contract by which they agreed to sell to Merrick the land in question. Merrick failed to make the payments, and on September 15, 1894, assigned his contract to complainant. In 1894 the Dodge estate executed a deed of the land to complainant, reciting that it was subject to the Merrick contract. Complainant afterwards paid the amount due, and…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. It is urged that the amendment introduced a new cause of action, and was not permissible under tbe rules of pleading. We think otherwise. The amendment permitted the statement of an additional reason against the validity of defendant’s deed, and for its annulment as a cloud upon complainant’s title. It introduced no new cause of action. 1 Enc. Pl. & Prac. 468, 485; Church v. Holcomb, 45 Mich. 29 (7 N. W. 167); Smith v. Sherman, 52 Mich. 637 (18 N. W. 394); Dodson v. McKelvey, 93 Mich. 263 (53 N. W. 517).
2. The failure to proceed under section 9167 would be-fatal…
2Cases cited5 opinions
- Church v. HolcombMichigan Supreme Court · 1880
- Edsell v. NevinsMichigan Supreme Court · 1890
- Dodson v. McKelveyMichigan Supreme Court · 1892
- Jenison v. RankinMichigan Supreme Court · 1885
- Smith v. ShermanMichigan Supreme Court · 1884
3Cited by2 opinions
- Tiedemann v. KrollMichigan Supreme Court · 1906
- Gordon v. Township of BurleighMichigan Supreme Court · 1908