Wood v. Savage
Michigan Supreme Court
Appeal from Chancery. For a report of the case in that court, see Walk. Ch. R. 471. In November, 1838, the complainants recovered a judgment, upon bond and warrant of attorney dated the 27th day of June previous, against Moses B. and William Savage, as partners, for $1852.67 damages, and $21 costs, on which an execution was issued and returned unsatisfied.
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Appeal from Chancery. For a report of the case in that court, see Walk. Ch. R. 471. In November, 1838, the complainants recovered a judgment, upon bond and warrant of attorney dated the 27th day of June previous, against Moses B. and William Savage, as partners, for $1852.67 damages, and $21 costs, on which an execution was issued and returned unsatisfied. They then filed their bill in this case to reach and have applied to the payment of their debt, a certain farm in Washtenaw county, the legal title of which was in Sophia, the wife of Moses B. Savage, and in Moses Savage, his father. The…
1Opinion of the CourtGoodwin, J.
[After some comments upon the doubtful and conflicting statements of Moses B. and Sophia Savage as to whether the agreement to invest the $1,500 of her money in real *320estate for her sole use and benefit, was made before or after their marriage, the opinion proceeds :] Taking it then as established by the testimony of Moses B. Savage, that this agreement was made, and the money received in pursuance of it, anterior to the marriage, and that the purchase of the Washtenaw farm was made out of that fund, in fulfilment, in whole or in part, of the agreement and trust, the question arises, was that…
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