Legal Opinion

Smith v. Smith

Michigan Supreme Court

Decided October 1, 1913No. Docket No. 29Published

Appeal from St. Clair; Tappan, J. Bill by James B. Smith against Angus M. Smith for the cancellation of a deed. From a decree for defendant, complainant appeals.

1Opinion of the CourtKuhn, J.

The original bill of complaint in this cause was filed to set aside a deed, given by Abram Smith to hi¿ son, Angus M. Smith, of certain lands in St. Clair county, Mich, alleging that at the time of the execution of the deed the father was mentally incompetent to transact business. Upon this bill the case proceeded to a hearing, and at the conclusion of the proofs complainant asked leave to amend his bill so as to have the deed declared a conveyance in trust to Angus Smith for the purpose of selling the land and property, or as a security to him for what was due and owing to him by Abram…

2Cases cited4 opinions

  1. Schmidt v. BarclayMichigan Supreme Court · 1910
  2. Sowles v. WilcoxMichigan Supreme Court · 1901
  3. Dalton v. MertzMichigan Supreme Court · 1912
  4. Crane v. ReadMichigan Supreme Court · 1912

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