Hawthorne v. Dunn
Michigan Supreme Court
Appeal from Oakland; Rockwell (Kleber P.), J. Bill by Catherine Hawthorne and others against William Dunn and another to set aside a deed. From a decree for plaintiffs, defendants appeal. John Dunn, a resident of Macomb county, died May 15, 1915, leaving as his next of kin plaintiff Catherine Hawthorne, a sister, plaintiffs Frank Dunn and Terrence Dunn, brothers, plaintiff Francis Dunn, a nephew, and defendant William Dunn, a brother.
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Appeal from Oakland; Rockwell (Kleber P.), J. Bill by Catherine Hawthorne and others against William Dunn and another to set aside a deed. From a decree for plaintiffs, defendants appeal. John Dunn, a resident of Macomb county, died May 15, 1915, leaving as his next of kin plaintiff Catherine Hawthorne, a sister, plaintiffs Frank Dunn and Terrence Dunn, brothers, plaintiff Francis Dunn, a nephew, and defendant William Dunn, a brother. He had for a great many years owned a farm in Oakland county said to be worth from $12,000 to $18,000. On August 6, 1912, decedent conveyed by warranty deed the…
1Opinion of the CourtFellows, J.
(after stating the facts). We realize full well the advantage possessed by the trial judge, due to the fact that he sees the witnesses and is able to better judge their credibility than can we by an examination of the printed record. But we hear chancery cases de novo with a duty of reaching an independent conclusion aided as we must be by the conclusions of the trial judge but not controlled by them. There is no evidence in this case in the slightest degree tending to show that any fraud or undue influence was practiced on the deceased, nor is there any claim that fraud or undue influence is…
2Cases cited15 opinions
- Rice v. RiceMichigan Supreme Court · 1883
- Pierce v. PierceMichigan Supreme Court · 1878
- Wipfler v. WipflerMichigan Supreme Court · 1908
- Blackman v. AndrewsMichigan Supreme Court · 1907
- Hibbard v. BakerMichigan Supreme Court · 1905
10 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Kar v. HoganMichigan Supreme Court · 1976
- Hitchman v. Township of OaklandMichigan Supreme Court · 1951
- Prudential Insurance Co. of America v. CusickMichigan Supreme Court · 1963
- Walker v. Wolverine Fabricating & Mfg Co.Michigan Supreme Court · 1986
- Foren v. City of Royal OakMichigan Supreme Court · 1955
17 more not listed; retrieve them via the Exa API.