Legal Opinion · Dissent

Smith v. Marsh

Michigan Supreme Court

Decided March 23, 1903No. Docket No. 102Published

Appeal from Washtenaw; Bdnne, J. Bill by Rebecca R. Smith against Mary Marsh, administratrix of the estate of Jane Lamb, deceased, James B. Lamb, Ellen Clifford, and Isabella Clifford, to set aside a deed. From a decree for complainant, defendants Lamb and Clifford appeal. Complainant and defendants are brother and sisters, the children of James and Mary Lamb, deceased. James and Mary lived in Canada, where James owned an extensive farm.

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Appeal from Washtenaw; Bdnne, J. Bill by Rebecca R. Smith against Mary Marsh, administratrix of the estate of Jane Lamb, deceased, James B. Lamb, Ellen Clifford, and Isabella Clifford, to set aside a deed. From a decree for complainant, defendants Lamb and Clifford appeal. Complainant and defendants are brother and sisters, the children of James and Mary Lamb, deceased. James and Mary lived in Canada, where James owned an extensive farm. He died some time prior to 1807. Jane and Rebecca were twins. After his death his estate was settled, and the property sold and converted into money. The…

1DissentMoore, J.

Rebecca R. Smith, James B. Lamb, Ellen Clifford, and Isabella Clifford are brother and sisters, and the only surviving heirs of Jane Lamb, deceased. Rebecca R. Smith and Jane Lamb were twins. At the time Jane Lamb died, the record title to certain real estate was in her. The bill is filed for the purpose of having the title to an undivided one-half of the property decreed to be in complainant. The circuit judge granted the prayer of the bill. The defendants have brought the case here by appeal.

The record is long. Some testimony was taken that is incompetent, some that is immaterial, and some…

2Cases cited6 opinions

  1. Brown v. LynchNew York Court of Chancery · 1828
  2. Miller v. AldrichMichigan Supreme Court · 1875
  3. Huxley v. RiceMichigan Supreme Court · 1879
  4. Nugent v. TeachoutMichigan Supreme Court · 1887
  5. Kilbourne v. WileyMichigan Supreme Court · 1900

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