Gerber v. Upton
Michigan Supreme Court
Cross-appeals from Newaygo; Edwards, J. Bill by Joseph Gerber against Helen L. Upton for the specific performance of a land contract, and to restrain the prosecution of an action of ejectment. From the decree rendered, both parties appeal. One Adonijah E. Upton died April 18, 1894, leaving a widow, the defendant, and five children, two of whom were minors.
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Cross-appeals from Newaygo; Edwards, J. Bill by Joseph Gerber against Helen L. Upton for the specific performance of a land contract, and to restrain the prosecution of an action of ejectment. From the decree rendered, both parties appeal. One Adonijah E. Upton died April 18, 1894, leaving a widow, the defendant, and five children, two of whom were minors. He was possessed of a farm of 95 acres, incumbered by a mortgage of-$2,200. Defendant was appointed administratrix, and was granted leave to sell the 95 acres to pay the mortgage thereon and other debts of the estate. At the…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. We conclude from the evidence, as undoubtedly did the circuit judge, that it was understood and agreed that complainant was to receive a clear title, and that defendant should convey her interests to him. He fully performed the agreement. She and the estate have had the benefit of it. She surrendered possession under the undoubted belief that *607she had parted with all her interests in the land. Before, the sale, complainant had agreed to bid $3,600, the fair value of the land, which bid was to be based upon the' agreement. It was publicly announced that a clear…
2Cases cited2 opinions
- Riggs v. SterlingMichigan Supreme Court · 1886
- Showers v. RobinsonMichigan Supreme Court · 1880
3Cited by6 opinions
- Stevens v. DebarMichigan Supreme Court · 1924
- In Re DavisDistrict Court, E.D. Michigan · 1971
- Fraser v. FlemingMichigan Supreme Court · 1916
- Sproal v. LarsenMichigan Supreme Court · 1904
- Upton v. GerberMichigan Supreme Court · 1904
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