Toomey v. Graber

Opinion op the Court by

Judge Thomas

Reversing.

This is an equity action filed by appellant in the Wayne circuit court against appellees to set aside as fraudulent a mortgage on two automobiles executed by appellee and defendant, George Graber, to his coappellee, who was then Bess Gibson, but who later married him and is now, and was at the time of this trial, his wife.

The attacked mortgage was executed on July 6, 1944, and lodged for record on the same day and purported to secure an alleged indebtedness for $2,000 due Mrs. Graber nee Gibson which the mortgage recites was “due one year from date…