Legal Opinion · Concurrence

Michigan State Bank v. Kern

Michigan Supreme Court

Decided December 22, 1915No. Docket No. 103Published

Appeal,from Barry; Smith, J. Bill in aid of execution by the Michigan State Bank of Eaton Rapids against George W. Kern and Nettie A. Kern. From a decree for complainant, defendants appeal.

1ConcurrenceOstrander, J.

The bill is clearly one in aid of execution, the theory indicated therein being that the deed of March 22, 1911; whatever its legal effect, was made in fraud of creditors. There is testimony supporting the conclusion announced by the circuit court, namely, that the conveyance was made without consideration and for the purpose of defrauding creditors. This conclusion of fact supports the conclusion of law that as to complainant the deed is without force or effect. Of course, this conclusion does *470not disturb a homestead interest in the property, if such an interest exists. It simply results in…

2Cases cited1 opinion

  1. Green v. BurghardtMichigan Supreme Court · 1915

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