Desmond v. Myers
Michigan Supreme Court
Appeal from Wayne; Lillibridge, J. Bill by Frank C. Desmond against Lucy A. Myers and Jefferson P. Myers in aid of execution. From a decree dismissing the bill, complainant appeals. The following finding by the court is a good and sufficient statement of the case, and we adopt it: “This is a bill in aid of execution.
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Appeal from Wayne; Lillibridge, J. Bill by Frank C. Desmond against Lucy A. Myers and Jefferson P. Myers in aid of execution. From a decree dismissing the bill, complainant appeals. The following finding by the court is a good and sufficient statement of the case, and we adopt it: “This is a bill in aid of execution. The complainant obtained a judgment for $227 against the defendant Lucy Myers, and he has levied to satisfy that judgment upon a certain lot described in the bill of complaint. Now, the levy was made on the 13th day of May, 1896. Prior to the 20th day of December, 1895, that lot…
1Opinion of the CourtGrant, J.
(after stating the facts). Mr. Myers had no enforceable trust in this land. 2 How. Stat. § 5569:
“When a grant for a valuable consideration shall be made to one person, and the consideration therefor shall be paid by another, no use or trust shall result in favor of the person by whom such payment shall be made, but the title shall vest in the person named as the alienee in such conveyance, subject only to the provisions of the next section.”
But 'Mrs. Myers recognized her moral obligation to carry out the parol trust reposed in her by her husband. She executed it by deeding the land before…
2Cases cited5 opinions
- Moore v. CrawfordSupreme Court of the United States · 1889
- Patton v. ChamberlainMichigan Supreme Court · 1880
- Cottrell v. SmithSupreme Court of Iowa · 1884
- Barber v. MilnerMichigan Supreme Court · 1880
- Popendick v. FrobeniusMichigan Supreme Court · 1887
3Cited by7 opinions
- Logan v. BrownSupreme Court of Oklahoma · 1908
- Lasley v. DelanoMichigan Supreme Court · 1905
- Moran v. MorganCourt of Appeals for the Second Circuit · 1918
- Crane v. ReadMichigan Supreme Court · 1912
- United States Fidelity & Guaranty Co. v. MillsCourt of Appeals for the Fourth Circuit · 1944
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