Legal Opinion · Concurrence

Barris v. Emmons

Michigan Supreme Court

Decided February 18, 1913No. Docket No. 37Published

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

  1. McNamara v. Michigan Trust Co.Michigan Supreme Court · 1907
  2. McNamara v. Michigan Trust Co.Michigan Supreme Court · 1909
  3. Rubert v. RubertMichigan Supreme Court · 1901
  4. Lapham v. LacyMichigan Supreme Court · 1910

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