House v. Dexter
Michigan Supreme Court
Appeal in Chancery from Washtenaw Circuit. Complainant, as administrator of Richard Shear, filed his bill in Chancery to compel the specific performance, by defendant Dexter, of a contract by which he agreed to convey'to one Waldo, certain lauds in said county, which contract had been assigned to Shear in his life time. The heirs of Shear were not made parties, and complainant by his bill claimed to be entitled, as administrator, to the contract, and to the premises under it.
1Opinion of the Court
Manning J.:
The objection that the heirs of Shear are not made parties, or that the bill should have been filed by them *247is well taken. The hill is for the specific performance of a contract for the sale of lands by Dexter to one Waldo, who assigned the contract to Shear; and is filed by complainant as administrator of Shear.
At law, a contract for the purchase of land gives the vendee no interest in the land; but the rule is otherwise in equity, which considers the vendor as to the land a trustee for the purchaser, and the vendee as to the money a trustee for the seller. The land in equity…
2Cases cited1 opinion
- Lyon v. TallmadgeNew York Court of Chancery · 1814
3Cited by11 opinions
- Belt v. LazenbySupreme Court of Georgia · 1906
- Bowen v. LansingMichigan Supreme Court · 1901
- Hunt v. HaytSupreme Court of Colorado · 1887
- Hadden v. ThompsonSupreme Court of Georgia · 1903
- Lenman v. JonesCourt of Appeals for the D.C. Circuit · 1909
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