Farr v. Childs
Michigan Supreme Court
Appeal from St. Clair; Tappan, J. Bill by John A. Farr against Charles A. Childs and another to restrain interference with the possession of a farm. Defendants filed a cross-bill to set aside plaintiff’s deed and to quiet title. From a decree for defendants, plaintiff appeals.
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Appeal from St. Clair; Tappan, J. Bill by John A. Farr against Charles A. Childs and another to restrain interference with the possession of a farm. Defendants filed a cross-bill to set aside plaintiff’s deed and to quiet title. From a decree for defendants, plaintiff appeals. The bill in this case was filed by the plaintiff for the purpose of securing a preliminary and permanent injunction against defendant, preventing him from interfering with plaintiff’s possession of a certain farm. Plaintiff’s title was alleged to rest on a deed covering the premises made on March 8, 1918, by Cleston…
1Opinion of the CourtBrooke, J.
(after stating the facts). Plaintiff in his original brief makes the contention that the only title held by defendants under their deed from Dunn is the assignment of a mortgage interest which was never foreclosed. While it is true that Minnie’s deed to Dunn and the land contract back from Dunn to Minnie and wife were understood by the parties to operate as security, merely, for the payment to Dunn of the amount of Minnie’s lumber bills, yet while the transaction amounted in equity to a mortgage it was nevertheless a deed in form and it required a deed from Dunn to revest the title in Minnie.…
2Cases cited11 opinions
- Faxton v. FaxonMichigan Supreme Court · 1873
- Toledo, Ann Arbor & North Michigan Railway Co. v. Detroit, Lansing & Northern RailroadMichigan Supreme Court · 1886
- Hall v. NesterMichigan Supreme Court · 1899
- Bauer v. LongMichigan Supreme Court · 1907
- Andries v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1895
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3Cited by2 opinions
- German Bundesheim Society v. SchmidtMichigan Supreme Court · 1928
- Downing v. UnderwoodMichigan Supreme Court · 1921