Thorn v. Thorn
Michigan Supreme Court
Appeal from Jackson. (Gridley, J.)' Bill to set aside deed. Complainant appeals. One who is in the relation of equitable guardian to another cannot be a purchaser or a donee of his ward’s property: Olute v. Bcvron 2 Mich. 192; Moore v. Mandle-baum 8 Mich. 433; Tabor v. Mieh. Mutual Life Ins. Co* 42 Mich. 669; Bishop v. Aldriah 48 ~Wis. 619; Adams’ Eq. Jur. 185; Story’s Eq.
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Appeal from Jackson. (Gridley, J.)' Bill to set aside deed. Complainant appeals. One who is in the relation of equitable guardian to another cannot be a purchaser or a donee of his ward’s property: Olute v. Bcvron 2 Mich. 192; Moore v. Mandle-baum 8 Mich. 433; Tabor v. Mieh. Mutual Life Ins. Co* 42 Mich. 669; Bishop v. Aldriah 48 ~Wis. 619; Adams’ Eq. Jur. 185; Story’s Eq. Jur. 307. If a grantor has power to contract, his mental weakness alone is not ground for setting aside his deed: Campbell v. Campbéll&l la. 713; the burden of proving incompetency of a grantor is on those assailing the…
1Opinion of the CourtOaMPBell, J.
Complainant brought this suit in equity to obtain the rescission of a deed made by him to defendant of a farm in Monroe county, which was worth not far from $5000, and which was his chief estate. The deed was made in 1875, when complainant was about eighty years old, de- . fendant being one of his sons with whom he had then lived since 1872. The deed is claimed to have been obtained by fraud and undue influence. The circuit court of Jackson county, into which the case was removed because the judge of Monroe had been of counsel, dismissed the bill, and complainant appeals.
The testimony is…
2Cited by9 opinions
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- Beattie v. BowerMichigan Supreme Court · 1939
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- Brummond v. KrauseNorth Dakota Supreme Court · 1899
- Clement v. SmithMichigan Supreme Court · 1940
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