McCluskey v. Winisky

This is an appeal from a holding by the trial judge that the burden rests upon one who asserts an equitable mortgage to establish his claim by clear and satisfactory proof and his finding that the appellants “failed to assume this burden by anything approaching the dignity of evidence, or by proofs worthy of belief.” Porritt v. Stone, 340 Mich 645, 649; 17 Michigan Civil Jurisprudence, p 333.

Winiskys assigned their interest in a land contract to one Wykoff by an assignment regular on its face, reciting $1 and other valuable consideration. Wykoff assumed and agreed to pay the $70,000 balance…