Legal Opinion

Emerson v. Atwater

Michigan Supreme Court

Decided July 12, 1859PublishedCited by 25 opinions

Appeal in chancery from Saginaw Circuit, where decree was given for complainant. The pleadings and testimony in the case are so fully stated in the opinion, that it is deemed unnecessary to give any further abstract of them.

1Opinion of the Court

Manning J.:

The bill in this case is filed to enforce certain alleged equities, which complainant claims to have, in one hundred and eighty-one acres of land, and the proceeds thereof, conveyed by complainant to defendant Atwater on the 27th day of May, 1853.

The conveyance is absolute on its face. The bill states there were three several mortgages on the land at the time it was conveyed to Atwater; one to Charles W. Rockwell and John A. Rockwell, for $5,161.70, dated 19th February, 1847, and another of the same date to William L. P. Little, for $1,338.30 ; and a third to Daniel L. C. Eaton and…

2Cases cited4 opinions

  1. Fuller v. ParrishMichigan Supreme Court · 1854
  2. Strong v. StewartNew York Court of Chancery · 1819
  3. James v. JohnsonNew York Court of Chancery · 1822
  4. Swetland v. SwetlandMichigan Supreme Court · 1855

3Cited by25 opinions

  1. Vangilder v. HoffmanWest Virginia Supreme Court · 1883
  2. Rothenberg v. FollmanMichigan Court of Appeals · 1969
  3. Hoffman v. RyanWest Virginia Supreme Court · 1883
  4. Huxley v. RiceMichigan Supreme Court · 1879
  5. Clarke v. FigginsWest Virginia Supreme Court · 1886

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