Case v. Peters
Michigan Supreme Court
Appeal in Chancery from Wayne Circuit. The bill in this cause was filed in the Circuit Court for the County of Wayne, in Chancery, by Seth Case, against Samuel E. Peters.
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Appeal in Chancery from Wayne Circuit. The bill in this cause was filed in the Circuit Court for the County of Wayne, in Chancery, by Seth Case, against Samuel E. Peters. It states that about the year 1844, the complainant leased of Bishop Lefevre, certain premises in the city of Detroit, situated on the corner of Bates street and Michigan avenue, for a period of ten years: That he had erected upon said premises four buildings, for the purpose of renting the same, and did rent them during said term: That he sold to the defendant, one of said buildings for the sum of three hundred dollars:…
1Opinion of the CourtChristiancy, J.
Admitting that the yerbal agreement set up in the bill, under the circumstances alleged, would make Peters a mortgagee of Case, and convert the lease into a mortgage to secure Peters for the sums paid and the security given by the latter, in the arrangement by which the lease was obtained, rather than a trust in favor of complainant, and that the bill is rather in the nature of a bill to redeem, than for the specific performance of an agreement, — both of which admit of doubt, and upon which we express no opinion, — the complicated verbal arrangement set up is so entirely different from, and…
2Cited by12 opinions
- Jasper v. HazenNorth Dakota Supreme Court · 1894
- Lamb v. HinmanMichigan Supreme Court · 1880
- Cadman v. PeterSupreme Court of the United States · 1886
- Miles v. ShreveMichigan Supreme Court · 1914
- Bascombe v. MarshallAppellate Division of the Supreme Court of the State of New York · 1908
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