Barris v. Emmons
Michigan Supreme Court
Appeal from Allegan; Padgbam, J. Bill by Ransom J. Barris, as administrator de bonis non of the estate of Alfred Emmons, against Emily E. B. Emmons and others, to set aside a conveyance of decedent for the benefit of creditors. From a decree for complainant, defendants appeal.
1ConcurrenceOstrander, J.
The statute which is supposed to give the complainant administrator the authority to institute the present suit is 3 Comp. Laws, § 9363 (4 How. Stat. [2d Ed.] § 11074). The deed which he seeks to have set aside evidences, and all parties seem agreed upon this point, a testamentary disposition of property. With some hesitation, I have reached the conclusion that because the conveyance is a deed in form, and has been recorded as such, it may be said that the case is brought within that provision of the statute reading:
“ Shall have so conveyed such estate that by law the deeds or conveyances are…
2Cases cited4 opinions
- McNamara v. Michigan Trust Co.Michigan Supreme Court · 1907
- McNamara v. Michigan Trust Co.Michigan Supreme Court · 1909
- Rubert v. RubertMichigan Supreme Court · 1901
- Lapham v. LacyMichigan Supreme Court · 1910