White v. Wansey
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Michigan. The appellant filed a bill in the court below for the specific performance of a contract claimed to have been executed by John A. Wansey and Melissa D. Wansey, his wife, on September 14, 1899, by which they agreed to convey to Sidney 0. McLouth certain land in Marine City, Mich., upon which was situated a salt block, for the sum of $25,000, of which $500 was to be paid on the execution…
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Appeal from the Circuit Court of the United States for the Eastern District of Michigan. The appellant filed a bill in the court below for the specific performance of a contract claimed to have been executed by John A. Wansey and Melissa D. Wansey, his wife, on September 14, 1899, by which they agreed to convey to Sidney 0. McLouth certain land in Marine City, Mich., upon which was situated a salt block, for the sum of $25,000, of which $500 was to be paid on the execution of the contract, and the balance on the execution of the deed provided for in the contract. The complainant was the real…
1Opinion of the CourtWanty, District Judge
i. The complainant depended very largely on the testimony of the witness McLouth, who testified to the execution and delivery of the contract, and was flatly contradicted by Melissa D. Wansey'in every material particular. The defendants objected before the examiner to the testimony of McLouth, because they claimed it was excluded by section 10,212 of the Compiled Laws of Michigan of 1897, the applicable portion of which is:
“That when a suit or proceeding is prosecuted or defended by the heirs, assigns, devisees, legatees or personal representatives of a deceased person, the opposite party, if…
2Cases cited7 opinions
- Connecticut Mutual Life Insurance v. SchaeferSupreme Court of the United States · 1877
- Dalzell v. Dueber Watch Case Manufacturing Co.Supreme Court of the United States · 1893
- Colson v. ThompsonSupreme Court of the United States · 1817
- De Sollar v. HanscomeSupreme Court of the United States · 1895
- Hennessy v. WoolworthSupreme Court of the United States · 1888
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3Cited by7 opinions
- Western Union Telegraph Co. v. United States & Mexican Trust Co.Court of Appeals for the Eighth Circuit · 1915
- Morris v. United StatesCourt of Appeals for the Eighth Circuit · 1908
- Kimmerle v. FarrCourt of Appeals for the Sixth Circuit · 1911
- Miller v. SteeleCourt of Appeals for the Sixth Circuit · 1907
- Huntington Nat. Bank v. Huntington Distilling Co.U.S. Circuit Court for the District of West Virginia · 1907
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