Hunter v. Hopkins
Michigan Supreme Court
Appeal in chancery from Oakland Circuit. Hunter, as executor of the last will and testament of Chipman Hopkins, filed his bill against Greenleaf Hopkins, setting forth in substance; That Chipman Hopkins, in October, 1848, was seized of certain lands, which “he on. that day conveyed to his son Greenleaf Hopkins, the defendant, and took back a life lease.
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Appeal in chancery from Oakland Circuit. Hunter, as executor of the last will and testament of Chipman Hopkins, filed his bill against Greenleaf Hopkins, setting forth in substance; That Chipman Hopkins, in October, 1848, was seized of certain lands, which “he on. that day conveyed to his son Greenleaf Hopkins, the defendant, and took back a life lease. That on the 10th September, 1854, Greenleaf, having] failed to pay for '■ said lands, was desirous to rescind his contract, and that it was agreed that the same should be done. That Chip-man Hopkins settled with Greenleaf for what he had paid…
1Opinion of the Court
Christiancy J.:
TTpon a careful examination of the evidence in this cause, we do not think it satisfactorily sustains the ease made by the bill. There is no direct or satisfactory evidence that the deed from Chipman Hopkins to his son (the defendant) was ever given up by the latter to the former, or that it was ever cancelled by the defendant’s consent. ■
As to the horse alleged in the bill to have been given by Chipman Hopkins to the defendant, as a consideration for relinquishing to the father his title to the farm, we think there is a preponderance of evidence that it was sold by defendant…
2Cited by3 opinions
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