Ludwig v. Bruner
Michigan Supreme Court
Appeal from Kalamazoo; Weimer, J. Bill by Samuel D. Ludwig against Henry W. Bruner, executor of the last will of Sarah E. Ludwig, deceased, to determine the title to a certificate of deposit and a mortgage. Defendant filed a cross-bill for an accounting. From a decree for defendant, plaintiff appeals. On October 9, 1883, plaintiff purchased a farm in St. Joseph county, Michigan, taking title thereto in his own name.
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Appeal from Kalamazoo; Weimer, J. Bill by Samuel D. Ludwig against Henry W. Bruner, executor of the last will of Sarah E. Ludwig, deceased, to determine the title to a certificate of deposit and a mortgage. Defendant filed a cross-bill for an accounting. From a decree for defendant, plaintiff appeals. On October 9, 1883, plaintiff purchased a farm in St. Joseph county, Michigan, taking title thereto in his own name. On January 17, 1885, the title to said farm was placed in “Samuel Ludwig & Sarah E. Ludwig, husband and wife, as joint tenants.” At the time, the title to the farm was placed in…
1Opinion of the CourtFellows, J.
(after stating the facts). SO' far as the certificate of deposit is concerned, we must hold that the court was in error, and that the property in *559the same rests solely in the plaintiff. There is not sufficient evidence in the case to lead us to conclude that the presumption created by the statute (Act No. 248, § 3, Pub. Acts 1909; 2 Comp. Laws 1915, § 8040) has been overcome. That act is applicable to the instant case. In re Rehfeld’s Estate, 198 Mich. 249; People’s State Bank v. Miller’s Estate, 198 Mich. 783; Powell v. Pennock, 198 Mich. 573.
Touching the mortgage I think a different…
2Cases cited8 opinions
- Bloss v. SchreiterMichigan Supreme Court · 1917
- Wait v. BoveeMichigan Supreme Court · 1877
- State Bank v. JohnsonMichigan Supreme Court · 1908
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- Hart v. HartMichigan Supreme Court · 1918
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3Cited by17 opinions
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