Legal Opinion · Dissent

Frolich v. Aikman

Michigan Supreme Court

Decided March 29, 1917No. Docket No. 31PublishedCited by 6 opinions

Appeal from Wayne; Tucker, J., presiding. Bill by Edward Frolich against William Aikman, Jr., to have a deed declared a mortgage, for an accounting and other relief. Upon the death of said defendant the cause was revived against Henry I. Armstrong and Aikman Armstrong, executors and trustees under the will of said deceased. From a decree for complainant, defendants appeal.

1DissentBird, J.

A study of the record in this controversy has convinced me that the findings and *571conclusions of the chancellor therein should be made the final ones. He disposed of the case as follows:

“In this cause the bill is filed for an accounting and for1* the construction of a deed dated July 5, 1905, which complainant claims was given merely as security for a loan, and should therefore be construed to be a mortgage. The case was commenced in Wayne county, by bill filed November 8, 1906, and was removed to the Macomb circuit on December 10, 1906, where the suit has since been pending. The defendant,…

2Cases cited8 opinions

  1. McMillan v. BissellMichigan Supreme Court · 1886
  2. Tilden v. StreeterMichigan Supreme Court · 1881
  3. Case v. PetersMichigan Supreme Court · 1870
  4. Gage v. GageMichigan Supreme Court · 1877
  5. Hoffman v. Pack, Woods & Co.Michigan Supreme Court · 1897

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3Cited by6 opinions

  1. Brennan v. FinnMichigan Supreme Court · 1922
  2. Samuels v. Detroit Trust Co.Michigan Supreme Court · 1923
  3. Beeler v. American Trust Co.California Supreme Court · 1944
  4. Beeler v. American Trust Co.California Supreme Court · 1944
  5. Frohlich v. AikmanMichigan Supreme Court · 1918

1 more not listed; retrieve them via the Exa API.

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