Legal Opinion
Peters v. Birkett
Michigan Supreme Court
Decided May 26, 1908No. Docket No. 90PublishedCited by 1 opinion
Error to Livingston; Miner, J. Assumpsit under 3 Comp. Laws, § 10421, by Frank M. Peters against Thomas Birkett for fraud in the sale of certain real estate. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.
1Opinion of the CourtMontgomery, J.
This is an action in assumpsit brought under section 10421, 3 Comp. Laws, to recover for fraud and deceit in the sale by the defendant to the plaintiff of a mill property described in the deed of conveyance as—
“The mill and all belongings and the water and power privileges, mill dam and mill race which belongs to, or in any wise appertaining to said mill, and all lands flowed by the mill pond so far as the water power and lands flowed belonged to the estate of Joseph Kirkland, deceased. ”
The property consisted of a mill building erected in 1836 and the water power with which it was run. The…
2Cases cited3 opinions
- Page v. WellsMichigan Supreme Court · 1877
- Jackson v. ArmstrongMichigan Supreme Court · 1883
- Reason v. PetersMichigan Supreme Court · 1907
3Cited by1 opinion
- Painter v. Lebanon Land Co.Michigan Supreme Court · 1910