Churchill v. Howe
Michigan Supreme Court
Appeal from Emmet; Mayne, J. Bill by Charles L. Churchill against George Howe and Ella Howe for the enforcement of an equitable lien on real property. From a decree for complainant, defendants appeal.
1Opinion of the CourtBrooke, J.
(after stating the facts). It is the claim of counsel for the appellants that assuming, as we must, the truth of all the allegations contained in the bill of complaint, no case is here made out for equitable relief. Uses and trusts are abolished by section, 8829, 3 Comp. Laws (4 How. Stat. [2d Ed.] § 10669), except as they are saved by statutory enactment. Section 8837 provides that section 8835 shall not extend to cases where the alienee named in the conveyance (1) shall have taken the same as an absolute conveyance in his own name, without the knowledge or consent of the person paying the…
2Cases cited2 opinions
- Wheeler v. . ReynoldsNew York Court of Appeals · 1876
- Thompson v. MarleyMichigan Supreme Court · 1894
3Cited by2 opinions
- Churchill v. HoweMichigan Supreme Court · 1915
- Judd v. JuddMichigan Supreme Court · 1916